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HISTORICAL NOTES 



OF THE 



AMERICAN COLONIES AND REVOLUTION, 



1754 TO 1775, 



BY WILLIAM GRIFFITH, ESQ, 



OP NEW JERSEY. 



PUBLISHED BY HIS EXECUTORS, 



BURLINGTON, N. J. 
SOLD BY JOSEPH I. POWELL. 

1843. 



£$ 



PREFACE 

OF THE PUBLISHERS. 



The following Historical Notes of the American Colonies were compiled by 
the late William Griffith, Esq., of New Jersey, and were designed as an 
Introduction to his " Law Register." 

They were printed in his life time, and left incomplete, in the state in which 
they are now published. It is to be regretted that he had not completed them. 
Under a belief, however, that they contain much useful information, and that 
the labors bestowed upon them may not be lost, they are now offered to the 
public. 

A History of the United States upon the plan of which he speaks in his 
preface, would be a most valuable Work, in the accomplishment of which, the 
following Notes misrht afford to the author considerable aid. 






PREFACE 



TO THE HISTORICAL NOTES. 



la presenting the recital* which follow, no idea is entertained of furnishing a history of the 
revolution. 

The causes and consequences of that event, so extraordinary in every light, and the vast suc- 
cession of characters and actions, employed in its accomplishment, must be sought for in more 
detail, and with more accuracy, in other memorials. 

The design of this summary is, simply to sketch the grounds of that controversy with 
England, which produced the revolution, and certain acts aud proceedings of a national char- 
acter, which preceded those three great epochs in the civil history of these States; The 

DECLARATION of INDEPENDENCE, On the 4th of July, 1776 — the AB.TICI.es of CONFEDERATION 

and perpetual union, on the 1st of March, 1781 — aiid the constitution of the united states, 
on the 4th March, 1789. 

It seemed to me, not altogether foreign to the subject of a Volume, entitled " The Federal 
System;" to advert to the origin, and acts, of those federal authorities, which, under the name of 
" Congresses," by the wisdom of their councils, persevering constancy of purpose, and influenced 
by the purest feelings of patriotism and honour, united, directed, and led forward the colonies, 
to independence, and the possession of political and social blessings, unknown to any former age 
or nation. 

Beside this general inducement, another more immediately connected with the design of the 
"Law Register" was, to embody in the historical account, those publications relative to constitu- 
Honal law, and principles of government which came from Congress, during the legal controversy 
with England : — I mean the declarations, petitions, and addresses, in which they set forth the rights, 
and vindicate the claims of the colonies ; I do not know they are to be found at large, and con- 
nected with their immediate causes any where, but on the journals of Congress : — These docu- 
ments are in every view invaluable : — They are principally the production of men, who adorned 
the profession for which the work I am engaged in is intended, lawyers and jurists, pre-eminent in 
ability, and equally distinguished for their ardour and constancy in the cause of liberty : — On the 
basis of such labours and enlightened principles, have arisen those free and happy institutions, 
which seem calculated to promote and secure, whatever of felicity is attainable by man, under the 
most perfect forms of civil government. 
^ It seemed no less a tribute due to the names and virtues of these great men, than a duty I 
owed to the American Bar, to give their " arguments" in favour of liberty, a place in my work — 
No lawyer will peruse them but with admiration and improvement, and no patriot, without feel- 
ings of respect and gratitude, for men who defended the rights of their country, by the most 
powerful reasonings, and unshaken constancy. 

In executing these views, I can do little more than select from historical memoirs, and the 

journals of congress ; and in this selection, confine myself to the earliest and principal transactions s 

those more immediately indicating the causes of the revolution, and the great and excellent 

statesmen who bore so conspicuous a part in its accomplishment. 

These causes, and the events whieh led, first to a civil war with England ; then to independence, 

I 
) 



vi PREFACE. 

and the confederation ; and lastly, a national constitution ; will be found either stated or referred 
to in the "journals of congress;" now called journals of the " Old Congress." 

They begin, on Monday the 5th of September, 1774, and end, on the first Monday in Novem- 
ber 1788, comprising a period of 14 years ; when the last congress under the confederation, ceased 
to exercise its powers, and was succeeded by that which convened at New York, on the 4th 
March, 1789, under the present constitution of the United States. 

These journals commence, as before observed, with the first Congress, which met at Philadel- 
phia on the 5th September 1774. This body dissolved itself on the 26th October following, hav- 
ing on the 22d of October, resolved, " that it will be necessary, that another Congress should be 
held on the tenth day of May next, unless the Redress of Grievances which we have desired, be 
obtained before that time. — And we recommend that the same be held at the city of Philadelphia, 
and that all the colonies in North America choose deputies, as soon as possible, to attend such 
congress." , 

The General Congress met accordingly ; from that time there was ho dissolution : The vacan- 
cies accruing, were filled up as they occurred ; or new delegates sent as substitutes, at the 
pleasure of the respective assemblies, conventions, and provincial congresses, of the several colo- 
nies: it was a continued session, with short recesses, of the same Congress, until the 1st of 
March, 1781, when it became an annual body under the articles of confederation ; but even 
then, continued without suspension, (unless by adjournment,) until November, 1788, when it 
terminated, by the adoption of the present constitution of the United States. 

Until the Declaration of Independence, Congress in official acts, styled themselves " The 
Delegates of the United Colonies, of New Hampshire, Massachusetts," &c. repeating the names of 
each; or, the Delegates, of the 12 (or 13) "United Colonies, in North America." It was not 
until the 15th July, 1775, that the province of Georgia united herself to the other eolonies, and 
sent delegates to the Congress, then sitting in Philadelphia ; this completed the whole number 
of thirteen. 

The Declaration of Independence in 1776, did not in express terms, give a style or corporate 
name to the states ; but purports at the head of it, to be, " a Declaration, by the representatives 
of J The United States of America,' in congress assembled ;" by implication, assuming this as a 
national title. 

From this time their style was, " The Congress of the United States of America." The same 
body continued permanent however, as before stated, until the 1st of March, 1781, when the 
articles of Confederation were completed, by the accession of Maryland. 

By the 5th Article of the confederation, it had been provided, that "for the more convenient 
management of the general interests of the United States, delegates shall be annually appointed 
in such manner as the legislature of each state shall direct, to meet in Congress on the first Mon- 
day in November, in every year, with a power reserved to each state to reca! its delegates, or any 
of them, at any time within the year, and to send others in their stead, for the remainder of 
the year." 

On the 2nd March, 1781, this entry appears on the journals, " The United States in Congress 
assembled, March 2nd, 1781. 

"The ratification of the articles of confederation, being yesterday completed by the accession of 
the state of Maryland ; 
"The United States met in Congress, when the following members appeared, &c. 
" His excellency Samuel Huntington, delegate for Connecticut, president," &c. 
The Confederation, in its first article, adopted for the style of the union, " The United States of 
America": directly assuming a corporate name. This is the style now used, in all solemn, legislative, 
executive, and judicial acts, and commissions ; although the constitution of the United States has not 
expressly adopted this as a corporate name, unless its preamble may be so construed. 

Although congress, in the journal of the 2nd March 1781, took notice of its sitting under thf^ 
confederation ; it was composed of the same members as on the day before : — no new commissions 

had been given ; nor was a new President chosen : 

But on Monday, the 5th November following, being the annual day mentioned in the articles of 
confederation ; there is a minute, of the opening of a new Congress ; the names are given and it 
is said their credentials were read, also a new President was chosen : it is to be inferred that be- 
tween the 1st March and November, 1781, members had received new annual commissions from 
their constituents, under the 5th article of the confederation. 
After this, there is a regular commencement in the minutes on the first Monday in November 



PREFACE. vii 

annually, of a new Congress ; and doubtless the delegates had new commissions each year, hut 
there never was any suspension or dissolution of it, from 1775, to 1788, when it gave way to the 
federal constitution. The delegates were seldom changed ; hence a more perfect knowledge of 
business and of the interests of the Union, were acquired ; and a more steady, uniform, and able 
administration of the government: — as much, and more, important executive and legislative trans- 
actions, were executed in one day in those Congresses, than would appear in the present often 
times, to be performed in weeks. 

It may be observed here, that until the confederation in 1781, for a period of 6 years, members 
of Congress acted rather as a body of agents for all the people of the colonies, than as deputies 
formally representing independent governments ; yet this anomalous character, strengthened, rather 
than impaired, their first operations: they were considered absolute, and as possessing consolidated 
powers: their acts were deemed valid, in publick opinion, and in courts of law, as if they were 
those of a supreme legislative body ; — being controlled by no federal compact or constitution, but 
representing the whole people : though voting' by states. It is somewhat surprising, that after the 
declaration of Independence in 1776, Congress did not assume continental Legislative powers, and 
establish courts, and a system of taxation, at least during the war ; no doubt it would have been 
acquiesced in, and even hailed, as the best guarantee for the final attainment of independence : mil- 
lions would have been saved, and all the operations of war, defence, internal regulation, and econo- 
my, more efficiently directed against the common enemy. The confederation, which seemed to 
promise so many advantages, and was so ardently pressed by the greatest statesmen of the day, 
came too late, and after all, was not as efficient as the Congress, before its adoption. 

After the confederation, (in 1781.) many of these acts and proceedings were in the form of re- 
solves and orders, as before ; but they then gave the name of ordinances to their more solemn 
enactments, beginning, " and be it ordainedbj the United States in Congress assembled." 

Nothing short of a perusal of these journals, (in 13 volumes;) can afford adequate conceptions 
or views, of the causes of the revolution, the complicated and endless variety of measures and 
events it produced, and of the virtue and talents which conducted it :— or of the sacrifices and 
toils endured by the American people, during a period of 9 years, from the 1st congress, in 
September 1774, to the definitive treaty of peace with Great Britain, in Sep. 1783. 

They present also, a vast collection of facts and proceedings, which took place in the colonies 
and states separately, within that time : exhibiting in the strongest lights, just views, of the princi- 
ples of civil liberty, and the American character, in whatever sphere of action employed, during 
this mighty contest with England ; by far the most efficient and formidable power, at that period, 
in the world. 

We have yet, I conceive, no complete liistory of the revolution ; a history, in the form of annals 
and documentary evidence at large, commencing with the peace of Paris, in 1763, and ending 
with the peace of Paris in 1783. 

An account of this period, comprising its written evidences, legislative, executive, and diplo- 
matick, private and publick, on both sides of the Atlantick, precedent to hostilities in 1775 ; the 
progress and events of the war, to its termination, and the conduct and characters of those men, on 
all sides, who figured as actors in this great drama ; would be a most interesting work : The matters 
which should compose it, do not rest in tradition, but may (to the proceedings even of a town- 
meeting, or corporation, as well as the acts of a minister, congress, or general ;) be traced to publick 
offices, and undoubted writings ; and be delineated, with the exactness of a judicial record : yet 
we have no such history ; and he who would attain a just and comprehensive knowledge, of the 
affairs of this 20 years, (by far the most important in their consequences, as fixing principles 
of government, and promoting civil liberty over the world, which ever filled an equal space,) 
will fall infinitely short of his object, by resorting to any, and all, the professed Mstories now 
extant : — they are very deficient, in that fullness and certainty of authentick documents and 
authority, which alone can satisfy one who seeks for truth, and would draw his own conclusions 
from the original evidence. 

The historical essays of this period, are defective in order, connexion, and dependence, of lead- 
ing measures and events : they are much too scanty ; and this defect is not supplied, by correct and 
ample references to the sources, from which they are made up. 

True history, is not to be erected upon private assertions, opinions, and surmises, however 
respectable, or in a representation of individual acts and events; the account of armaments, in- 
vasions, sieges, battles, and hazards of war, and their results ; these are consequential and wholly 
subordinate, though proper in their place and connexion. 



viii PREFACE. 

The rational mind inquires for the actual causes of revolution, of war, or political changes j and 
the particular and successive ways and means of whatever kind, employed by the states or agents 
concerned, to effect their purposes ; these rest on evidence, and it is that which constitutes all true 
and useful history. 

There could be no undertaking, more worthy of the labours of a vigorous, impartial, and en- 
lightened mind, than that of collecting and embodying these evidences, in their due order and 
connexion ; handing down to posterity, in their original and unmutilated forms, a series of docu- 
mentary annals, whether parliamentary, legislative, diplomatick, epistolary, or popular ; followed 
by an account of the respective measures and events, which grew out of the original elements and 
causes of strife. 

This would doubtless, be a most voluminous compilation,* but the period embraced, is that which 
stands more immediately connected, with the great cause of human liberty, and discussion of the 
rights of man in society as a distinct subject of controversy, than aay other ; Previous to this, the 
principles of free government, and the inherent right of the people to take care of their own in- 
terests and happiness, by their own reason and authority, had only been touched upon in theories 
little known, or scattered and mixed up with many alloys and heterogeneous ingredients, in the 
history and legal constitutions of England; wars and revolutions before, were only trials of physical 
strength, to acquire dominion, or maintain it, over men, as mere subjects of government, not as 
partakers in its rightful and beneficent execution : wars springing from personal ambition or ven- 
geance, waged to resent an insult, to propagate religious creeds by the sword, or enforce preten- 
sions founded in avarice, and a spirit of monopoly. 

The principles on which the American contest was sustained, and their elucidations, involved 
exclusively, the nature and extent of civil liberty, the right of self government in the people, and 
the assertion, that power was held from them, and for them ; to be executed as a trust, and revo- 
cable at their pleasure ; an exhibition of these principles and elucidations, with the motives and 
conduct of the statesmen and patriots who maintained them ; the successful issue, in the establish- 
ment of free forms of republican government ; reduced to written certainty ; and executed, with 
perfect order, efficiency and justice, under authorities delegated by the people ; (all which such a 
work must unfold,) would constitute an invaluable legacy to mankind: — more especially, since 
near half a century of experiment, under many disadvantages, has realized every prediction, which 
the most sanguine theories ever indulged, in favour of republican government. 

The compilement which follows, of events preceding the several epochs before adverted to a 
— pretends to nothing of this kind : my object is principally, to put in the foreground of «* The 
Annual Law Register;" the particular causes of the revolution, the general principles on which it 
was supported, and some of tke most conspicuous publick acts, with the names, and example, of 
those truly great and virtuous men, whose first councils led the way to American Independence, 
and to that inestimable Constitution of National Government, which must (if human reason 
is not a phantom,) forever bind these states, in perpetual peace, union, and advancing felicity. 

Although the causes of civil war with England, and finally, of independence, might be collected 
from the journals of congress, commencing in September 1774, by inference, and from the grounds 
of complaint, stated in the various petitions, declarations of rights, and grievances, published by 
Congress ; yet I did not think it Would be satisfactory to begin there. 

1 have therefore traced, in somewhat of a chronological order, the history of the controversy and 
its progress, commencing in 1763, -j- down to the meeting of Congress in 1774, from other sources: 
in doing of which, it must be again repeated, that my view is limited to the simple purpose of 
leading the reader, to a general acquaintance with the subject ; as well in what relates to cabinet 
and legislative measures in England, as to the popular feeling, spirit, and determination, displayed 
in the colonies : I have carried this down, only to the declaration of Independence in 1776; after 
that, it was but a national war ; for conquest on one side, freedom on the other ; its progress and 
results are known. 

* Comparatively— as a history of 20 years only : but disconnected from the particular history 
of discovery, colonization, and wars, which preceded 1763, might be comprised in two octavo vo- 
lumes of 600 pages each. 

| In fact, I have carried back my " notes on the point of taxation," to an earlier period ; but 
it was not till after the peace of 1763, that the question became a subject of contention. 



PREFACE. ix 

The editor perhaps, should make some apology, for the minute type, in which these notes are 
published; this was not his original intention; but perceiving they had, notwithstanding all possible 
compression, far exceeded his first calculation, he was unwilling to occupy a space, which some 
might think, would be better filled with matter, more strictly, within the design of the work. For 
thi6 reason, the historical part, is put in half the compass which another type would have required. 



As there is room here, the page may properly be filled with the names, and times of accession, of 
the several Presidents of Congress, antecedent to the 4th March, 1789, when the new Constitu- 
tion went into operation. 

PRESIDENTS of CONGRESS. 

PEYTON RANDOLPH (n) elected 5th September, 177%. 

HENRY MIDDLETON 22d October, 

PEYTON RANDOLPH 10th May, 1775. 

JOHN HANCOCK • 24th May, 

HENRY LAURENS 1st November, 1777. 

JOHN JAY 10th December, 1778. 

SAMUEL HUNTINGTON 28th September, 1779. 

THOMAS MKEAN • 10th July, 1781. 

JOHN HANSON 5th November, 1781. 

ELIAS BOUDINOT 4th November, 1782. 

THOMAS MIFFLIN 3d November, 1783. 

RICHARD HENRY LEE 30th November, 1784. 

JOHN HANCOCK 25th November, 1785. 

but did not attend, resigned • 5th June, 1786. 

NATHANIEL GORHAM 6th June, 1786. 

ARTHUR St. CLAIR 2d February, 1787. 

CYRUS GRIFFIN .^ . . . 22d January, 1788. 

(a) This gentleman, distinguished as the 1st President, of the 1st Congress, and whose name 
appears associated with all the publick transactions of the times, died suddenly in Philadelphia, 
on Sunday the 22 of October, 1775, while attending there in Congress, as one of the delegates 
from Virginia. 

The entry in the Journal in reference to his death, is as follows, 

" Monday, October 23d, 1775. The Congress being informed, that yesterday the hon. Peyton 
Randolph, Esq. suddenly departed this life, 

" Resolved, That the Congress will attend his funeral as mourners, with a crape round their 
left arm, according to the association. 

"That the Congress thus continue in mourning, for the space of one month. 

" That a committee of three be appointed, to superintend the funeral. 

" The members chosen, Mr. Middleton, Mr. Hopkins, and Mr. Chase. 

" That the Committee wait on the Rev. Mr. Duche', and request him to prepare a proper dis- 
sourse, to be delivered at the funeral." 

Note. — Inverted commas, thus " " denote an extract ; and I have referred in all material mat- 
ters, to the name of the author: quotations from the " Journals" of Congress, wilL of course be 
understood. 



HISTORICAL NOTES 



fyc. 



CHAP. I. 

Containing transactions &c, bet-ween 1763 & 177fi. 

AT the close of the war, (of 1756,) between Great Britain and France, terminated by the 
treaty of Paris in 1763; the British colonies of North America, were attached to the mother 
country, by every tie which could add strength to the connexion ; by the sympathies of a common 
extraction, and history ; and the more endearing affections and solicitudes, which flowed from 
domestick affinities and private interests, encircling and blessing all. 

But to these were added, the stronger cement of national identity ; a common language; the 
same religious creeds, arid venerable laws, and institutions ; like manners, pursuits, congenial 
tastes, and even prejudices ; — above all, it was upheld by the pride which the colonists cherished, 
as common inheritors of British liberty, (possessed by no other people,) and partakers in all the 
glories of British pre-eminence, in knowledge and refinement, arms and empire. 

The recent war, so glorious to both in its prosecution and results, so peculiarly American in 
its origin and objects ; and in which they co-operated, in so many arduous military enterprises, had 
inspired mutual respect, and a warmth of attachment unfelt before; there was a confidence also, 
reposed by the colonies, in the affectionate disposition and mighty power of the mother country, 
unrestrained by any fear, or jealousy : — George the III, then in the 3d year of his reign, by the 
splendour of the British arms in all quarters, the extension and security which war had given to 
his realms and by his vast military and naval superiority, with an extent of commerce and 
manufactures unequalled, was universally deemed the most powerful monarch at that time in Eu- 
rope, and highly popular in all his dominions. 

This flattering scene however, was soon to be changed ; those sentiments and interests, which 
if cultivated, might have long (though not always,) retained the colonies a part of the British, 
ompire, were suddenly extinguished, by the folly and the arrogance of British ministers ; men ig- 
norant of human nature, and in government, and deaf to admonition and experience : — fortunate 
indeed for America, and for mankind ! — but affording a solemn lesson to every people, who repose 
a blind confidence in the talents or virtues of particular men, however popular, or whatever be 
their pretensions. 

The triumphs of the war, and the promised blessings of peace and concord, were at once for- 
gotten and lost in sordid views to revenue ; views equally hostile to justice and to policy. Not 
satisfied with the monopoly of the whole product of American industry and trade, expended for 
her manufactures and articles of consumption, increasing beyond calculation, silently pouring 
millions into the lap of England ; her infatuated ministers, resolved to force upon the colonies, a 
system of internal taxation ; limited only by the will of a British parliament, prescribing its 
objects, its extent, continuance, and means of collection ; -without the consent or participation, 
of millions of British subjects, doomed to bear the burthen, and the disgrace. 

No choice was proffered, but submission or resistance ; and the colonies did not hesitate : they 
resolved, that no power on earth should wrest from them, property, and the fruits of their toil 
and industry, without their consent : — this was the origin of the most extraordinary revolution 
on record, and upon this issue, did the contest turn. 



12 [1754, July.] HISTORICAL NOTES, &c. I 

The question of taxing the colonies by an English parliament, was of early date. In 1696, a m 

pamphlet was published in England, recommending a parliamentary tax on one of them : It was ''-i 

answered by two others much read, which totally denied the power of taxing the colonies ; for the jcl 

reason, " that they had no representatives in parliament to give their consent :" no reply was jil 

made to these, no censure passed on them ; men were not startled at the doctrine, as either new \m 

or illegal, or derogatory to the rights of parliament. But in point of fact, the power was exercised, jil 

by an act of parliament, in 1710, " for establishing a general post office, for all her Majesty's (I) i>| 

American dominions, and for settling a weekly sum, out of the revenue thereof, for the service of til 

the war, and other her Majesty's occasions :" under this act, a post office was established in the Hi 

colonies. •'•! 

The people did not however complain of this, not considering it as designed to raise a revenue \m 

from them, but rather tending to their convenience : besides, it left every one as before, free to 'J 

choose a private or publick conveyance. ■ 

It would appear that in 1754, the British cabinet first begun to entertain settled designs of !>| 

taxing the colonies by act of parliament ; the revenue to be carried into the British exchequer, in ll 

each colony, and appropriated as the parliament should direct : at that period, the French, then j[| 

possessing Canada, had formed the great design of extending their dominion to the gulph of »j 

Mexico ; embracing all the region north and west of the Allegheny mountain, and generally all u| 

the country, whose rivers and streams of water flowed into the Allegheny, Ohio, and Mississippi 11 

rivers, under pretence of its being comprised in Louisiana. pi 

This purpose, which was hardly concealed, and the execution of which, was commenced on the I'i 

Ohio, produced the greatest sensation in England and the colonies : — a war with France, seemed ill 
from the first inevitable : — It was in fact commenced by Virginia under the authority of the British 
ministry, who had given instructions to the colonies, to oppose the encroachments of the French, 
by force of arms. 

This colony accordingly, detached a force in the spring of 1754, for the purpose of reducing fort I 

Duquesne (now Pittsburgh) : a Mr. Fry, was appointed CoL of the Regiment, and Major Wash- M 

ington Lt. Col., but the Col. dying, the command devolved on Washington ; (2) with a part of his re- 1 

giment in advance, he surprised and captured adetachment of the French at the Great Meadows. 1 

The general design however failed ; Col. Washington, not having more than 408 men, was com- | 1 

pelled to intrench at the meadows, and wait the attack of the French from fort Duquesne r 1 

under Monseiur de Villier, commanding about 1500 French and Indians: — the assault upott •§ 

Ihe American fort (called fort Necessity, a mere stockade) was made on the 3d July : The 1 

Americans " fought partly within the stockade, and partly in the surrounding ditch, which was I 

nearly filled with mud and water. Colonel Washington in person, continued the whole day on the j I 

outside of the fort, encouraging the soldiers by his countenance and example. The enemy fought ! 1 

under cover of the trees and high grass, with which the country abounds. The engagement was I 

continued with great resolution from ten in the morning until dark, when monsieur de Villier de- 1 

manded a parley, and offered terms of capitulation. The proposals first made were rejected; but ll 

in the course of the night, articles were signed by which the fort was surrendered, on condition 1 1 

that its garrison should be allowed the honours of war; should be permitted to retain their arms ji 
and baggage ; and to march without molestation into the inhabited parts of Virginia." (3) 

Thus the war commenced, and was carried on in America from that time ; but not formally de- 1 1 

clared between England and France, until 1756, and from thence takes the name of the war of 1756. 1 1 

Early in this year, [1754,] "the lords commissoiners for trade and plantations, had recommended | 

to the several colonies, to appoint commissioners to meet each other. Their lordships designed, J 

that there should be a general league of friendship, between all the colonies and the Indians, in I 

his majesty's name. (April 10.) The Massachusetts general court not only acceded to the propo- [i 

sal, but both houses desired his excellency, governor Shirley ' to pray his majesty, that affairs which 1 1 

relate to the six nations and their allies, may be put under some general direction as his majesty ; 1 

shall think proper; that the several governors may be obliged to bear their proportions of defend- 1 

ing his majesty's territories against the encroachments of the French, and the ravages and incur- I 
sions of the Indians. 

" [J ulv -] A- general meeting of the governors and chief men from several of the colonies, was < 

held at Albany. At this congress, the commissioners were unanimously of opinion, that an union I 
of all the colonies was absolutely necessary for their common defence. The plan was, in short, 

(1) QtieenAimc. (2) Then 22years of age. (3) Marshall. 



11754, July.] HISTORICAL NOTES, &c. 13 

i ' That a grand council should be formed, of members to be chosen by the assemblies, and sent from 
I all the colonies ; which council, together with a president-general with a negative voice, to be ap- 
' pointed by the crown, should be empowered to make general laws ; to raise money in all the colo- 
j nies for the defence of the whole ; apportion the quotas of men and money, to be raised by each 
! colony ; determine the building of forts ; regulate the operations of the armies, and concert all 
!i measures for the common preservation and safety.' It was drawn up by Mr. Hutchinson, was 
I accepted, and sent home. (1) Had it been approved and established, British Jlmerica thought itself 
! sufficiently able to cope with the French without further assistance ; several of the colonies, in for- 
mer years, having alone withstood the enemy, unassisted not only by the mother country, but by 
any of the neighbouring provinces. A stamp act was talked of among the commissioners, of which 
number was Mr. (now Dr.) Franklin, one of the three from Pennsylvania ; and it was thought a 
proper mode of taxing, under the apprehension, that in its operation it would affect the several 
governments fairly and equally. The idea of a stamp act had been \\e\6\ out, so early as lf39, ia 
two publications drawn up by a club of American merchants, at the head of whom w ere Sir William, 
Keith, governor of Pennsylvania, Mr. Joshua Gee, and many others. They proposed, for the 
protection of the British traders among the Indians, the raising a body of regulars, to be stationed 
all along the western frontier of the British settlements; and that the expense should be paid from 
the monies arising from a duty on stampt paper and parchment in all the colonies, to be laid on them 
by act of parliament. The .4#>am/ congress plan, was not agreeable to the views of ministry ; instead 
of this confederation, another was proposed, ' That the governors of all the colonies, attended by one 
or two members of their respective councils, shoald assemble, concert measures for the defence of 
the whole, erect forts where they judged proper, and raise what troops they thought necessary, 
with power to draw upon the British treasury for the sums that should be wanted ; and the trea- 
sury to be re-imbursed, by a tax laid on the colonies by an act of parliament.' "(2) 

The ministerial scheme was transmitted to governor Shirley of Massachusetts, who favoured it ; 
he communicated it to Dr. Franklin, then at Boston his native place, for his opinion ; who next 
day returned the following answer : 

"Sir, Wednesday morning, Dec. 1754. 

."I mentioned it yesterday to your excellency, as my opinion, that excluding the people of the 
colonies from all share in the choice of the grand council, would probably give extreme dissatisfac- 
tion, as well as the taxing them by an act of parliament, where they have no representative. In 
matters of general concern to the people, and especially where burdens are to be laid upon them, 
it is of use to consider, as well what they will be apt to think and say, as what they ought to think; 
I shall therefore, as your excellency requires it of me, briefly mention what of either kind occurs to 
me on this occasion. 

" First, they will say, and perhaps with justice, that the body of the people in the colonies are as 
loyal, and as firmly attached to the present constitution and reigning family, as any subjects in the 
king's dominions : 

" That there is no reason to doubt the readiness and willingness of the representatives they may 
choose, to grant from time to time such supplies for the defence of the country, as shall be judged 
necessary, so far as their abilities will allow : 

"That the people in the colonies, who are to feel the immediate mischiefs of invasion and con- 
quest by an enemy, in the loss of their estates, lives and liberties ; are likely to be better judges of 
the quantity of forces necessary to be raised and maintained, forts to be built and supported, and 
of their own abilities to bear the expense, than the parliament of England, at so great a distance : 

" The governors often come to the colonies merely to make fortunes, with which they intend to 
return to Britain ; are not always men of the best abilities or integrity ; have many of them no 
estates here, nor any natural connexions with us, that should make them heartily concerned for our 
welfare ; and might possibly be fond of raising and keeping up more forces than necessary, from the 
profits accruing to themselves, and to make provision for their friends and dependants : 

" That the councillors in most of the colonies, being appointed by the crown on the recommen- 
dation of the governors, are often of small estates, frequently dependent on the governors for offices, 
and therefore too much under influence : 

«« That there is, therefore, great reason to be jealous of a power in such governors and councils, 
fo raise such sums as they shall judge necessary, by draft on the lords of the treasury, to be after* 

(1) vid, Flan, % Marsh, app. viii. (2) Qord. 



f 



14 [1754, July.] HISTORICAL NOTES, &c. 

<tfrard laid on die colonies by act of parliament, and paid by the people here ; since they mighi 
abuse it, by projecting useless expeditions, harrassing the people, and taking them from their la 
hour to execute such projects, merely to create offices and employments, and gratify their depends 
ants, and divide profits : 

" That the parliament of England is at a great distance, subject to be misinformed and misled byji 
such governors and councils, whose united interests might probably secure them, against the effect 
of any complaint from hence : 

" That it is supposed to be an undoubted right of Englishmen, not to be taxed but by their own 
consent, given through their representatives : 

" That the colonies have no representatives in parliament : 

"That to propose taxing them by parliament, and refuse them the liberty of choosing a repre-j^ 
sentative council, to meet in the colonies, and consider and judge of the necessity of any general) 
tax, and the quantum ; shows a suspicion of their loyalty to the crown, of their regard for theirti 
country, or of their common sense and understanding, which they have not deserved : p 

" That compelling the colonies to pay money without their consent, would be rather like raising i 
contributions in an enemy's country, than taxing Englishmen for their own publick benefit : | 

" That it would be treating them as a conquered people, and not as true British subjects : 

" That a tax laid by the representatives of the colonies might easily be lessened, as the oocasion 
should lessen ; but being once laid by parliament, under the influence of the representations made i 
by governors, would probably be kept up, and continued for the benefit of governors, to the 
grievous burden and discouragement of the colonies, and prevention of their growth and increase : I 

" That a power in governors to march the inhabitants from one end of the British and French ' 
colonies to the other, being a country of at least 1500 miles square, without the approbation or 
consent of their representatives first obtained, might occasion expeditions grievous and ruinous to 
the people, and would put them upon a footing with the subjects of France in Canada, that now groan 
Under such oppression from their governor, who for two years passed, has harrassed them with 
long and destructive marches to the Ohio : 

" That, if the colonies in a body may be well governed, by governors and councils appointed by 
the orown without representatives, particular colonies may as well, or better, be so governed : a tax |£ 
may be laid on them all by act of parliament for support of government, and their assemblies be £ 
dismissed as an useless part of the constitution : 

"That the powers proposed by the Jllbany plan of union, to be vested in a grand representative 
council of the people, even with regard to military matters, are not so great as those the colonies 
of Rhode- Island and Connecticut are entrusted with by their charter, and have never abused : 
for by this plan the president general is appointed by the-crown, and controls all by his negative ; 
but in these governments the people choose the governor, and yet allow him no negative : 

" That the British colonies bordering on the French, are properly frontiers of the British em- 
pire ; and the frontiers of an empire are properly defended at the joint expense of the body of the 
people in such empire. It would now be thought hard, by an act of parliament to oblige the cinque I 
ports, or sea coasts of Britain, to maintain the whole navy, because they are more immediately de- 
fended by it; not allowing them at the same time, a vote in choosing the members of parliament; 
and if the frontiers in America must bear the expense of their own defence, it seems hard to allow 
them no share in voting the money, judging of the necessity and sum, or advising the measures : 

" That besides the taxes necessary for the defence of the frontiers, the colonies pay yearly great 
Sums to the mother country unnoticed ; for taxes paid in Britain, by the landholder or artificer, 
must enter into and increase the price of the produce of land, and of manufactures made of it; and 
great part of this is paid by consumers in the colonies, who thereby pay a considerable part of the 
British taxes. 

" We are restrained in our trade with foreign nations ; and where we could be supplied with any 
manufacture cheaper from them, but must buy the same dearer from Britain, the difference of 
price is a clear tax to Britain. We are obliged to cany great part of our produce directly to 
Britain, and wherein the duties there laid upon it lessen its price to the planter, or it sells for less 
than it would in foreign markets — ;the difference is a tax paid to Britain. 

" Some manufactures we could make, but are forbidden, and must take of British merchants; 
the whole price of these is a tax paid to Britain. 

"By our greatly increasing the demand and consumption of British manufactures, their price is 
considerably raised of late years; their advance is clear profit to Britain, and enables its people 
tetter to pay great taxes j aud much of it -befog paid by us, in a clear tax to Britain. 



^1760, July.] HISTORICAL NOTES, &c. IS 

"In short, as we are not suffered to regulate our trade, and restrain the importation and con- 
sumption of Britisli superfluities, (as Britain can the consumption of foreign superfluities) ous 
J whole wealth centres finally among the merchants and inhabitants of Britain ; and if we make them 
I richer, and enable them better to pay their taxes, it is nearly the same as being taxed ourselves, 
i and equally beneficial to the crown. These kind of secondary taxes, however, we do not complain 
I of, though we have no share in the laying or disposing of them : but to pay immediate heavy 
taxes, in the laying, appropriation, and disposition of which we have no part, and which, perhaps, 
ij we may know to be as unnecessary as grievous ; must seem hard measure to Englishmen, who 
cannot conceive, that by hazarding their lives and fortunes, in subduing and settling new countries, 
extending the dominion, and increasing the commerce of their mother nation, they have forfeited 
j the native rights of Britons, which they think ought rather to be given them as due to such merit, 
l! if they had been before in a state of slavery. These, and such kind of things as these, I apprehend 
will be thought and said by the people, if the proposed alteration of the Albany plan should take, 
place. Then the administration of the board of governors and councils so appointed, not having 
any representative body of the people to approve and unite in its measures, and conciliate the 
minds of the people to them, will probably become suspected and odious : dangerous animosities 
and feuds will arise between the governors and governed, and every thing go into confusion. 

" Perhaps I am too apprehensive in this matter ; but having freely given my opinion and reasons, 
your excellency can judge better than I, whether there be any weight in them ; and the shortness, 
of the time allowed me, will, I hope, in some degree, excuse the imperfections of this scrawl. 

" With the greatest respect and fidelity, I have the honour to be, your excellency's most obedi» 
ent and most humble servant, 

BENJAMIN FRANKLIN"(1) 



I It will be perceived that it was part of the ministerial plan, to erect, (during the war, which was 
j then quite certain,) a kind of general executive government over the colonies, to be composed of 
the governors, and one or two members of the councils, of the respective provinces: 

This body, chiefly in the appointment of the king, were to concert measures for the eommoa 
defence, the expenditures to be advanced by England, but after the war, to be reimbursed to the 
British treasury, by a tax on the colonies, imposed by the parliament of Great Britain. 

The letter of Dr. Franklin, is inserted entire : — It was drawn up in a few hours, over night, 
while on a casual visit at Boston : in a very conclusive manner, it exposes the whole scheme, in, 
the finest train of argument, pointed by the keenest satire, so delicately wrought however into 
every sentence, as that no possible exception could be taken on that account. 

The letter is given entire for another reason ; as containing the soundest maxims of government, 
conveyed in the most admirable style of simplicity, clearness, and force :— it would be inconceiva- 
ble, that men, however deficient in political knowledge, should not perceive the force of such 
reasoning : — and in fact, ministers dropped the design then, but in >May, [1755,3 governor 
Shirley wrote to governor Wenttvorth of New-Hampshire : — <"I may assure your excellency, 
from every letter I have of late received from Sir Thomas Robinson, I have reason to think that 
his majesty hath a dependance upon a common fund's being raised in all his colonies upon this 
continent, in proportion to their respective abilities, for defraying all articles of expense entered 
into for their common defence ; and that such an one must in the end, be either voluntarily raised, 
or else assessed in some way or other.' The ministry discovering a disposition to raise a revenue on 
them, this induced the Massachusetts general court [Nov. 6.3 thus to instruct their ag^nt ; ' It 
is more especially expected, that you oppose every thing that shall have the remotest tendency to 
raise a revenue in the plantations, for anypublick uses or services of government ;' he wrote to, 
them the twenty-ninth of May following, « The inclinations I have reason to think still continue, 
for raising a revenue out of the molasses trade.' The alarming state of publick affairs might di- 
vert the ministry from pursuing their inclinations at that time."(l) 

About the beginning of 1760, Mr. Pitt, (afterwards lord Chatham, and then prime minister,) 
wrote to Francis Fauquier lieutenant governor of Virginia " that though they had made 
grants to the colonies, yet, when the war was over, they should tax them, in order to raise a 
revenue from them. Mr. Fauquier, in his answer, expressed his apprehension that the measure 
would occasion great disturbance. The answer might divert Mr. Pitt from his intention. Many 
ninths before, lord Camden (then Mr. Pratt) said to Mr./VanMn, in a course of free converse* 

(1) Qor& 



16 [i764,Junc] HISTORICAL NOTES, &c. 



tion, ' For all what you Americans say of your loyalty, I know you will one day throw tiff your |i l* ! 
dependence upon this country ; and notwithstanding your boasted affection to it, will set up for 
independence.' The other answered, ' No such idea is entertained in the mind of the Americans ; 
and no such idea will ever enter their heads, unless you grossly abuse them.' 'Very true (replied y 
Mr. Pratt) that is one of the main causes I see will happen, and will produce the event.' "(1) 

In 1763, "Mr. Israel Mauduit, the Massachusetts agent in England, gave early notice of 
the ministerial intentions to tax the colonies ; but the general court not being called together till \ 
the latter end of the year, instructions to the agent, though solicited by him, could not be sent iu ,i »» 
season. 

[1764-3 "The house of representatives Came to the following resolutions — 'That the sole right 
of giving and granting the money of the people of that proviuce, was vested in them as their legal \ 
representatives ; and that the imposition of duties and taxes by the parliament of Great-Britain, ]s k 
upon a people who are not represented in the house of commons, is absolutely irreconcileable with !) tot 
their rights. That no man ean justly take the property of another without his consent ; upon ,j 
which original principle, the right of representation, in the same body which exercises the power |t 
of making laws for levying taxes, one of the main pillars of the British constitution, is evidently |i 
founded.' 

" These resolutions were occasioned by intelligence, of what had been done, in the British house ji 
6f commons. It had been there debated in March, whether they had a right to tax the Americans, 
they not being represented, and determined unanimously in the affirmative. Not a single person 
present ventured to controvert the right. Soon after, the (sugar or molasses) act was passed ; 
[April 5 ] and « it is certainly true, that till then, no act avowedly for the purpose of revenue, and i 
with the Ordinary title and recital taken together, is found in the statute book. AH before stood 
on commercial regulations and rertraints.'(2) It is stiled 'an act for granting certain duties in the j 
British colonies and plantations in America, for continuing, amending, and making perpetual, an \ 
act passed in the sixth year of George the second (eutitled an act for the better securing and » 
encouraging the trade of his majesty's colonies in America) for applying the produce of such p 
duties, &c.* From its perpetuating the sugar act of George II. it is called the sugar or molasses 
act. It runs thus, 'Whereas it is expedient that new provisions and regulations should be estab- / 
lished in improving the revenue of this kingdom, and for extending and securing the navigation \ 
and commerce between Great-Britain and your majesty's dominions in America — And whereas 5 
it is just and neeessary, that a revenue be raised in America for defraying the expenses of defend- f 
ing, protecting, and securing the same — We, the ««mmOns, &c. towards raising the same, give 
and grant unto your majesty, after the 29th of September, 1764, upon clayed sugar, indigo and 
toffee of foreign produce— upon all wines, (except French) — upon all wrought silks, Bengals and 
stuffs mixed with silk, of Persia, China, or East-India manufacture — and all calicoes painted, printed f 
6r stained there (certain specified duties) (5) — upon every gallon of molasses and syrups, being the 
produce of a colony not under the dominion of his majesty, the sum of three-pence — the monies 
arising, after charges of raising, collecting, &c. are to be paid into the receipt of his majesty's 
exchequer — shall be entered separate, and be reserved to be disposed of by parliament, toward 
defraying the necessary expenses of defending, &c. the British colonies.' The wording of the act 
might induce the colonies to view it as the beginning of sorrows; and they might fear that the 
pariiament would go on in charging them with such taxes as it pleased, for such military forces as 
it should think proper.— This ill prospect seemed to the Americans boundless in extent, acd 
endless in duration. 

" They objected not to the parliament's right of laying duties to regulate commerce ; but the 
tight of taxing them was not admitted. The ministerial plan sent to Mr. Shirley in 1754, occa- 
sioned much conversation on the subject, and the common opinion was, that the parliament could 
not tax them till duly represented in that body, because it was not just, nor agreeable to the nature 
of the English constitution. But though few or none were willing to admit the right, the generali- 
ty were cautious, how they denied the power, or the obligation to submit on the part of the Ameri- 
cans, when the power was exercised "(1) 

Against this act, the most spirited petitions and remonstrances were made by the colonies, and 
every ground taken, as well to the right as the justice of it : — The Massachusetts assembly was 
the first representative body which took the act into consideration ; they immediately instructed 
Mr. Mauduit [ June,"] " to use his endeavours to obtain a repeal of the sugar act, and to exert 

(1) Gord. (S) Burke's speech, April 19/ 1774 (3) Also, lawns and cambrieks. 



i [1764, Nov.] HISTORICAL NOTES, &c. 17 

! himself to prevent a stamp act, or any other imposition and taxes upon this and the other American 
j provinces. They do not appear to have made any particular objection to the term revenue, intro- 
I duced into the sugar act ; but to have confined their objections, to the laying on of the duty, when 
| they were not represented. 

" The act disgusted the more, because of its being so unseasonable. The duties were to he paid 
in specie, while the only means of procuring it were cut off. The ministry, resolved to prevent 
smuggling, obliged all sea officers, stationed on the American coasts, to act in the capacity of the 
meanest revenue officers, making them submit to the usual custom-house oaths and regulations 
for that purpose. This proved a great grievance to the American merchants and traders. Gen- 
tlemen of the navy were unacquainted with custom-house laws. Many illegal seizures were made. 
No redress could be had but from Britain, which it was tedious and difficult to obtain. Beside, 
the American trade with the Spaniards, by which the British manufactures were vended in re- 
turn (for gold and silver in coin or bullion, cochineal, &c.as occasion served) was almost destroyed 
instantly, by the armed ships under the new regulations. The trade was not literally and strictly 
according to law, but highly beneficial ; and a thorough statesman would have declined employing 
his own navy in crushing it. The trade also from the northern colonies with the French West' 
India islands was nearly suppressed. These irritating measures strengthened the opposition to 
the sugar act."(l) 

[June 13.] They ordered, that "Mr. Otis and four others of the house should be a committee 
in the recess of the court, to write to the other governments, and acquaint them with the instruc- 
tions voted to be sent to their agent ; and that the said committee, in the name and behalf of the 
house, should desire the several assemblies on the continent to join with them in the same mea- 
sures. The committee attended to the business, and the end proposed by it was answered : com- 
mittees were moreover appointed by divers other colonies, to correspond with the several assem- 
blies, or committees of assemblies, on the continent. Thus a new kind of correspondence was 
opened between the colonies, tending to unite them in their operations against ministerial en- 
croachments on their privileges, and which proved of great advantage to them afterward. 

"[Oct. 24.] At the next session, a committee was appointed to consider the state of the pro- 
vince, as it might be affected by certain duties and taxes laid, and proposed to be laid by acts of 
parliament upon the colonies. The consequence was, a committee of the council and house to 
prepare an address to the parliament. The lieutenant governor, Mr. Hutchinson, who was of the 
council, was chairman, but declined drawing up any. Several were proposed, which expressed iu 
strong terms an exclusive right in the assembly to impose taxes. He urged the indecency and 
bad policy, when they had the resolutions of the house of commons before them, of sending an 
address, asserting, in express words, the contrary. Many days having been spent upon the busi- 
ness, at the desire of the committee he drafted ah address, which considered the sole power of 
taxation as an indulgence, of which they prayed the continuance, and it was unanimously agreed 
to. The petition does not intimate the least denial of the right of parliament to tax them ; but 
sets forth the impolicy of the laws, and the hardships brought upon the petitioners, and prays that 
they may be relieved from the burdens brought upon them by the sugar act ; that the privileges 
of the colonies relative to their internal taxes, which they have so long enjoyed, may be still con- 
tinued ; or that the consideration of such taxes as are proposed to be laid upon the colonies, may 
be deferred, until the petitioners, in conjunction with the other governments, can have an oppor- 
tunity to make a full representation of the state and condition of the colonies, and the interest of 
Great-Britain with regard to them. The proceeding of the general court was approved of out 
of doors, until the copy of the JVew-Tork address was received, which was so high, that many of 
the friends of liberty were mortified at their own conduct, and if possible, would gladly have re- 
called their own doings.(l) 

" [Nov. 18.] The Massachusetts petition was forwarded by governor Bernard, and accompa- 
nied with a letter to lord Halifax : in which he wrote, ' Massachusetts is the only one of the old 
colonies, that I know of, that enjoys a specie currency. This reflects great honour upon the pro- 
vince itself, as it is a great instance of their prudence, who took hold of a singular opportunity to 
destroy their paper money, which other colonies who had it equally in their power neglected. 
But I fear, that if the great sums which are expected to. be raised in America are to be transported 
to Great-Britain, there will soon be an end to the specie currency of the Massachusetts, which will 
be followed by a total discouragement for the other proviaces to attempt the same in future. In 

<1) Gord. 



18 [ir64, Nov.] HISTORICAL NOTES, &c. 

which case, perpetual paper money, the very negative power of riches, will be the portion of ji 
America.' After aiguing against the duties, from America's being unable, for want of a sufficient » 
specie currency, to pay them without being drained of their specie, as it would require a dead f 
stock of three years value of the annual income of the revenues, he added, ' If due care be taken 
to confine the sale of manufactures and European goods (except what shall be permitted) to j< 
Great-Britain only, all the profits of the American foreign trade will necessarily centre in Great- > 
Britain ; and therefore, if the first purpose is well secured, the foreign American trade is the \\ 
trade of Great-Britain. The augmentation and diminution, the extension and restriction, the B 
profit and Joss of it all, finally comes home to the mother country. It is the interest of Great-p 
Britain, that the trade to both the Spanish and French West-Indies should be encouraged as much 9 
as may well be, and the British West-Indies should be taught that equitable maxim, live and letf. 
lire. It appeared to be the decided opinion of the governor, that the sending home the produced 
of the duties and taxes proposed, would take from the Americans the means of trade, and render jS 
it impracticable for them to make remittances to Great-Britain. 

"The Virginia council and house of burgesses petitioned the king, presented a memorial to$ 
the house of lords, remonstrated to the house of commons. New-York, Rhode-Island, &c. petM 
tioned. 

"The New York petition was conceived in such strong terms, and deemed so inflammatory $ 
that their agent could not prevail on any one member of the house, to present it. 

" Beside the colonial proceedings related above, it must be noted, that the inhabitants of several ' 
places met, and agreed not to buy any clothing (they could do without), which was not of their f 
own manufacturing. Divers associations also were formed, all of whom resolved to consume as 
few British manufactures as possible. 

"The raising of a revenue from the molasses trade, and a fund to defray the expenses of de- 
feuding the colonies, were in contemplation nine years before ; but the resolutions taken by the 
house of commons in the beginning of this year, might be forwarded by Mr. Huske, an Jbnerican, 
a native of Portsmouth in New-Hampslure, who a short time before obtained a seat in parlia- 
ment. Instead of standing forth a firm advocate for the country which gave him birth, he offi-^i 
ciously proposed to the house laying a tax on the colonies, that should annually amount to five J 
hundred thousand pounds sterling, which he declared they were well able to pay : and he 
heard with great joy and attention. He, or some other, recollecting that the stamp act was!' 
talked of by the commissioners at Albany in 1754, might suggest that mode of taxing : for what- 
ever Mas thought, the stamp act was not originally Mr. Grenville's. 

"The disposition to tax the Americans, unless they would tax themselves equal to the wishes 1 
of the ministry, was undoubtedly strengthened by the reports of their gaiety and luxury, which |' 
reached the mother country : it was also said, that the planters lived like princes, while the in- 
habitants of Britain laboured hard for a tolerable subsistence. The officers lately returned, re- 
presented them as rich, wealthy, and even overgrown in fortune. Their opinion might arise 
from observations made in the American cities and towns during the war, while large sums^! 
were spent in the country for the support of fleets and armies. American productions were fj 
then in great demand, and trade flourished. The people, naturally generous and hospitable,!' 
having a number of strangers among them, indulged themselves in many uncommon expenses. \ 
When the war was terminated, and they had no further apprehension of danger, the power of !< 
the late enemy in the country being totally broken — Canada, and the back lands to the very)* 
banks of the Mississippi, with the Floridas, being ceded to Great-Britain — it was thought they H 
could not well make too much of those who had so contributed to their security. Partly to do 
honour to them, and partly, it is to be feared, to gratify their own pride, they added to their '' 
show of plate, by borrowing of their neighbours, and made a great parade of riches in their se- 
veral entertainments. The plenty and variety of provisions and liquors enabled them to furnish 
out an elegant table, at a comparatively trifling expense."(l) 

But the act went into operation : The colonies were not yet prepared for resistance, and ■ 
■scarcely determined on the question of right : — Indeed, the difference between one act of exclu- ' 
aive legislation, and another, in reference to the colonies, was not very definable. 

In this year also, Mr. Grenville, first commissioner of the treasury, following np the sugar I 
act, and the American revenue system, communicated to the colonial agents in London his in- '1 
tended Stamp act. ",Many of them did not oppose it. Half their number were placemen, «r '■■ 

(1) Gord. 



. 



£1765, Feb.] HISTORICAL NOTES, &c. 19 

depended on the ministry. Mr. Joseph Sherwood, an honest quaker agent for Rhode-Island, 
refused his assent to America's being taxed by a British parliament. Mr. Mauduit, the Massa- 
chusetts agent, favoured the raising of the wanted money by a stamp duty, as it would occasion 
less expense of officers, and would include the West-India islands. But the scheme was post- 
poned, and the agents authorised to inform the American assemblies, that they were at liberty 
to suggest any other way of raising monies ; and that Mr. Grenville was ready to receive pro- 
posals for any other tax, that might be equivalent in its produce to the stamp tax. The colonies 
seemed to consider it as an affront, rather than a compliment. He would not have been content 
with any thing short of a certain specifick sum, and proper funds for the payment of it Had 
not the sums been answerable to his wishes, he would have rejected them ; and he would scarce 
have been satisfied with less than 300,000^. per annum, which was judged absolutely necessary 
to defray the whole expense of the army proposed for the defence of America. No satisfactory 
proposals being made, he adhered to his purpose of bringing forward the stamp bill, though re- 
peatedly pressed by some of his friends to desist, while he might have done it with honour. 
Richard Jackson, esq. had been chosen the agent for Massachusetts; he, with Mr. lngersoll, 
Mr. Garth, and Mr. Franklin, lately come from Philadelphia, waited on Mr. Grenville the 
second of February, 1765, by desire of the colonial agents, to remonstrate against the stamp bill, 
and to propose, that in case any tax must be laid upon America, the several colonies might be 
permitted to lay the tax themselves. At this interview, Mr. Jackson opened his mind freely oa 
the subject ; and Mr. Franklin, as must be supposed, mentioned, that he had it in instruction 
from the assembly of Pennsylvania, to assure the ministry, that they should always think it their 
duty to grant such aids to the crown as were suitable to their circumstances, whenever called 
for in the usual constitutional manner. Mr. Grenville, however, pertinaciously adhered to his 
own opinions ; and said, that he had pledged his word for offering the stamp bill to the house, and 
that the house would hear their objections, &c. &c. 

" The bill was brought in ; (I) and on the first reading, Mr. Charles Townshend spoke in its fa- 
vour. He took notice of several things that colonel Jiarre' had said in his speech against it ; and 
then concluded with the following, or like words t ' And now will these Americans, children planted 
by our care, nourished up by our indulgence, until they are grown to a degree of strength and 
opulence, and protected by our arms, will they grudge to contribute their mite to relieve us, from 
4he heavy weight of that burden which we lie under?' 

"On this colonel Barre' rose, and, after explaining some passages in his speech, took up Mr. 
TownshentTs concluding words in a most spirited and inimitable manner, saying, « They planted by 
voun care ! — no' — your oppressions planted them in America. They fled from your tyranny, to 
a then uncultivated and inhospitable country, whence they exposed themselves to almost ail the 
hardships to which human nature is liable; and, among others, to the cruelties of a savage foe, 
the most subtle, and I will take upon me to say, the most formidable of any people upon the 
face of God's earth ; and yet, actuated by principles of true English liberty, they met all hard- 
ships with pleasure, compared with those they suffered in their own country, from the hands of 
those that should have been their friends. They nourished up by your indulgence ! — they grew 
by your neglect of them. As soon as you began to care about them, that care was exercisad in 
sending persons to rule them, in one department and another, who were, perhaps, the deputies 
of deputies to some members of this house, sent to spy out their liberties, to misrepresent their 
actions, and to prey upon them — men, whose behaviour on many occasions, has caused the blood 
of those sons of liberty to recoil within them — men promoted to the highest seats of justice — some 
who to my knowledge were glad, by going to a foreign country, to escape being brought to the 
bar of a court of justice, in their own. Tfiey protected by your arms ! — they have nobly taken 
up arms in your defence ; have exerted a valour, amidst their constant and laborious industry, 
for the defence of a country, whose frontier was drenched in blood, while its interiour parts, 
yielded all its little savings to your emolument. And believe me, remember I this day told you 
so, that same spirit ofjreedom which actuated that people at first, will accompany them still— 
but prudence forbids me to explain myself further. God knows I do not at this time speak from 
motives of party heat ; what I deliver are the genuine sentiments of my heart. However sn- 
periour to me in general knowledge and experience, the respectable body of this house may be, 
yet I claim to know more of America than most of you, having seen and been conversant in that 
country. The people, I believe, are as truly loyal as any subjects the king has; but a people 

(1) Marojfi 10, received, royal assent March 22.. 



20 [1765, March.] HISTORICAL NOTES, &c. 

jealous of their liberties, and who will vindicate them if ever they should be violated — but th® 
subject is too delicate — I will say no more.' These sentiments were thrown out so entirely with- 
out premeditation, so forcibly and so firmly, and the breaking off so beautifully abrupt, that the 
whole house sat a while amazed, intently looking, without answering a word. 

" The London merchants trading to America, being much alarmed on account of their out- 
standing debts, petitioned against the stamp act. Their petition was offered at the second reading 
of the bill. The rule of the house, never to receive petitions against money bills, was urged. 
General Con-way observed, that it appeared undeniable, that the practice was by no means inva- 
riable ; at best it was but a practice of convenience, from which they ought, in the present in- 
stance, to vary. The ministry publickly declared, ' That it -was intended to establish the power j: 
of Great- Britain to tax the colonies? They were induced to make a point of it, because most 
of the petitions from thence denied, in the strongest terms, the right of Britain to impose taxes. 
It was evident that the ministerial forces would prevail, the petition of the London merchants 
■was therefore withdrawn. After that the others from the colonies were offered, but rejected 
upon the plea taken from the rule of the house. During the debate upon the bill, in this stage 
of it, « General Conway denied the right of parliament to tax the Americans, in the most peremp- 
tory manner ; and urged, with great vehemence, the many hardships, and what he was pleased to j 
call absurdities that would follow, from the contrary doctrine and practice.' Alderman Beckford 
also disputed the right of parliament, according to Mr. Ingersoll's letter. 

" The supporters of the stamp act insisted much upon the colonies being virtually represented, j 
and mentioned Leeds, Halifax, Birmingham, Manchester &c, as enjoying a virtual representation. 
Whoever had a recourse to a virtual representation of the colonies, in vindication of the parlia- 
ment's taxing them, therein acknowledged, that there ought not to be taxation without represen- 
tation. But the difference between Leeds, Halifax, &c. and the American colonies, is as wide 
as the Atlantick. The landholders of those towns enjoy a real representation, if their freeholds j 
yi*ld a certain annual income. Many of the inhabitants have a choice in the election of members, 
in one place or another. The general interests of the freeholders and tenants, electors and non- 
electors, are so interwoven, that all are liable to be equally affected by the same common taxes. I 
The one pays the same duty on his sugar, tea, coffee, and chocolate, as the other. The relative | 
connexion between them, produces what may he called, with a kind of propriety, a virtual re- j 
presentation ; answering, though in a lower degree, to what the family of a freeholder or freeman 
enjoys. But was all the soil in the British colonies a man's freehold, it would not give him a 
siegle vote for any one member of parliament. There is not an individual in them, who, should j 
he cross the Atlantick, would have a right to vote in any election, by virtue of any privileges enjoyed I 
in America. He must be a freeholder of Britain, or a freeman of some British city, borough, or 
corporation, and have a British qualification, before he can elect or be elected. The interests 
of America and Britain are not interwoven, as are those of British electors and non-electors. 
If the British parliament impose taxes on the Americans, Britons do not bear with them, their I 
part and proportion in these taxes. The former are burdened that the latter may be eased. I 
The monies raised have the nature of a tribute, exacted from a conquered people in a slavish ' 
dependence, and not of a tax voluntarily granted by the voice of freemen, through their own 
elected representatives, paying scot and lot with themselves, for the support of government. I 
Beside, the British parliament are so far removed from America, that they cannot obtain that \ 
full information respecting the colonies, which ought always to accompany the exercise of a taxing 
power. 

" When the question upon the bill, in its last stage, was brought to a vote, there were about 250 I 
for, and 50 against it. In the house of lords, so strong was the unanimity, that there was not a < 
single syllable uttered against the bill; and on the twenty-second of March, it obtained the royal i 
assent. The night after it was passed, Dr. Franklin wrote Mr. Charles Thompson, ' the sun 
of liberty is set ; you must light up the candles of industry and (economy .' Mr. Thompson answer- 
ed, he was apprehensive that other lights would be the consequence, and predicted the opposition i 
that followed. 

" The framers of the stamp act flattered themselves, that the confusion which would arise upon j 
the disuse of writiugs, would compel the colonies to use the stamp paper, and therefore to pay 
the taxes imposed. Thus they were led to pronounce it, a laio -which -would execute itself. Mr. 
Grenville, however, appears to have been apprehensive that it might occasion disorders; to pre- 
vent or suppress which, he projected another bill, which was brought in the same session, where- I 
by it was to be made lawful for military officers in the colonies, to quarter their soldiers ia 



(17*5, May.] HISTORICAL NOTES, &c. 21 

j private houses.(l) This seemed intended to awe the people into a compliance -with the other act 

| Great opposition being made to it, as under such a power in the army, no one could look on his 

j! house as his own, that part of the bill was dropt ; but there still remained a clause, when passed 

[ into a law, to oblige the several assemblies to provide quarters for the soldiers, and to furnish 

j? them with firing, bedding, candles, small beer, rum, and sundry other articles, at the expense 

of the several provinces ; which continued in force when the stamp act was repealed. It equally 

militated with the other against the American principle, That money is not to be raised on En* 

glish subjects without their consent. 

" Whatever might be urged, government was under no necessity of adopting this mode of tax- 
ing the colonies for their defence, and the securing of the new ceded countries. Though after the 
j general peace, an Indian war might be continued or renewed, that was no reason for continuing 
I British forces in America. The colonists were belter able to deal with them than the regu- 
I lars. The new ceded countries required no great number of troops to secure them. The co- 
lonies were at hand to support the British garrisons in case assistance was wanted: and they 
j had repeatedly showed their readiness upon former occasions. The idea of a dangerous enemy 
J upon the American continent, was at an end ; and the British administration must have been 
! inexcusable, had they no( guarded against the transfering of one from Europe." 
■ The " act having passed, (2) the colony agents waited upon Mr. Wheatly by desire, who told 
them, that Mr. Grenville did not think of sending from Great-Britain stamp officers, but wished 
to have discreet and respectable persons appointed from among the inhabitants ; and that he 
would be obliged to them to point out to him such persons. Thus the agents were drawn in 
to nominate. Dr. Fraukliu recommended Mr. Hughes to be chief distributor of stamps in Penn- 
sylvania, and Mr. Coxe in the Jersey's ; and being consulted by Mr. Ingersoll, advised him to 
accept, adding, (i go home and tell your countrymen to get children as fast as they can" — thereby 
intimating his opinion of the oppression the colonies were under, and of their present inal ility to 
make effectual resistance ; but that they ought, when sufficiently numerous, to shake off the yoke 
and recover their liberty ."(3) 

" The passage of this act,(4) the operation of which was to commence on the first of November, 
excited throughout the colonies the most serious and universal alarm. It was beltered sincerely 
to wound vitally the constitution of the country, and to destroy the most sacred principles of liberty. 
Combinations against its execution were every where formed ; and the utmost exertions were 
used to render as diffusive as possible, a knowledge of the pernicious consequences whieh must 
flow from admitting, that America could be taxed by a legislature in which she was not represented. 
[May 29.] " The assembly of Virginia was in session when the intelligence was received. The 
subject was taken up, and by a small majority, several resolutions which had been introduced by 
Mr. Patrick Henry, and seconded by Mr. Johnson were agreed to, one of which asserts the ex- 
clusive right of that assembly, to lay taxes and impositions on the inhabitants of that colony, and 
that every attempt to vest such a power elsewhere ' is illegal, unconstitutional, and unjust, and has 
a manifest tendency to destroy British as well as American freedom.' 

" These being the first resolutions of any assembly after the passage of the stamp act, are in- 
serted. ' WHEREAS the honourable house of commons in England, have of late drawn into ques- 
tion, how far the general assembly of this colony hath power to enact laws for laying taxes and 
imposing duties, payable by the people of this his majesty's most ancient colony; for settling and 
. ascertaining the same to all future times, the house of burgesses of this present general assembly 
have come to the several following resolutions. 

" ' Resolved, that the first adventurers, and settlers of this his majesty's colony and dominion of 
Virginia, brought with them, and transmitted to their posterity, and all other his majesty's suh- 

(1) Stats. 71. 5 Geo. 3 c. 32. (2) March 22. (3) Gord. (4) See the whole act 10. Vol. 
Stats, at large by Ruffhead, p. 18. It was passed March 22, 1765. 5 Geo. 3. 1765. and repealed 
March 19, 1766. 6 Geo. 3. c. 11. It existed but one year, and was in operation but 6 months: 
as it was to go into operation, Nov, 1, [1765. J and stood repealed after May 1, [1766. J — JVdp 
a dollar I believe was collected : — 

The disturbances and riots which broke out ,- the maltreatment of stamp officers ; adjournments 
of the courts; inflammatory publications', &c. -would fill volumes : some account of these particu- 
lars is given, in 1 Gord.p 120 to 140. The duties were to be collected, under the management 
of the commissioners of stamps in England; by officers under their appointment in the colonies ; 
the proceeds to be carried to a separate account, and appropriated to the defence of the colonies: 
all penalties were made recoverable in the courts of. admiralty, or common law, at the election of 
the prosecutor. 



22 [1765, Oct.] HISTORICAL NOTES, -&c. 



- 



jects since inhabiting in this his majesty's colony, all the privileges and immunities that have afc» (&' 
any time been held, enjoyed and possessed by the people of Great-Britain. r ights 

'Resolved, that by the two royal charters granted by king James I. the colonies aforesaid are|i fi 
declared entitled to all privileges of faithful liege, and natural born subjects, to all intents and j; tli 
purposes, as if they had been abiding and born within the realm of England. 

( ' Resolved, that his majesty's most liege people of this his most ancient colony, have enjoyed [j 
the right of being thus governed by their own assembly, in the article of taxes and internal po- (j 
lice, and that the same have never been forfeited, nor any other way yielded up, but have beeii 
constantly recognised by the king and people of Great-Britain, 

( Resolved, therefore, that the general assembly of this colony, together with his majesty, ork 
substitute, have, in their respective capacity, the only exclusive right and power to lay taxes y 
and impositions upon the inhabitants of this colony; and that every attempt to vest such a power j[ 
in any person or persons whatsoever, other than the general assembty aforesaid, is illegal, uocon 
stitutional and unjust, and has a manifest tendency to destroy British as well -a3 American freedom. 

" Such, were the resolutions as agreed to by that part of tlm assembly, which was most timid. I 
The following resolutions were also introduced by Mr. Henry, and passed the committee, but 
•were disagreed to in the house. 

" ' Resolved, that his majesty's liege people, the inhabitants of this colony, are not bound to yield 
obedience to any law or ordinance whatsoever, designed to impose any taxation whatsoever upon 
them, other than the laws and ordinances of the general assembly aforesaid. 

"'Resolved, that any person who shall, by speaking or writing, maintain that any person or i 
persons, other than the general assembly of this colony, have any right or power to lay any taxa 
tion whatsoever on the people here, shall be deemed an enemy to this his majesty's colony.' 

"On the passage of these resolutions, the It. governor(l) dissolved the assembly, and writs for i 
new elections were issued. But so entirely did the people take part with the opposition to the | 
scheme of taxation proposed by ra'mieters, that in almost every instance, the members who had j 
voted in favour of the resolutions, were re-elected, while those who had voted against them, were j 
generally excluded, in favour of candidates who entertained popular opinions."(2) 

These resolutions undoubtedly proved the downfal of the stamp act: and prepared the publick i 
mind for opposing subsequent measures of the British cabinet; "gentlemen on the side of govern- ' 
ment who were upon the spot, in their letters written at the time, placed it to the account of the ' 
Virginia resolves. Mr. Hutchinson tells his correspondent, 'Nothing extravagant appeared in 1 
the papers till an account was received of the Virginia resolves.' Mr. Hughes writes, * the fire \ 
began in Virginia:' — governor Bernard, 'the publishing the Virginia resolutions proved an \ 
alarm bell to the disaffected :' another, in his letter to Mr. Secretary Con-way from JYexv-York, i 
'the resolves of the assembly of Virginia, gave the signal for a general outcry over the con- 
tinent."^) "The legislatures of several other colonies passed similar resolutions. 

[June 6.J "The house of representatives of Massachusetts, contemplating a still more solemn 
and effectual expression of the general sentiment, recommended a congress of deputies from all 
the colonial assemblies, to meet at New-York tue first Tuesday in October, to consult together on 
the present circumstances of the colonies, and the difficulties to which they are, and must be re- | 
duced by the operation of the acts of parliament, for levying taxes on them. Circular letters j 
signed by the speaker, communicatitig this recommendation, were addressed to the se\eral ' 
speakers ot the respective provincial assemblies, and wherever they were in session, the recom- 
mendation was acted on. New Hampshire alone, although joining in the general opposition, | 
declined sending members to the congress ; and the legislatures of Virginia and North Carolina | 
were not in session.(4) 

"In the mean time, the papers teemed with the most animating exhortations to the people, 
to unite in the defence of their liberty and property : and the stamp officers,(5) almost every 
■where, were compelled to resign. 

" At the time appointed, [Tuesday. Oct.~] the commissioners from the assemblies of Massachu- 
setts, Rhode Island, Connecticut, New-York, New-Jersey, Pennsylvania, the three lower counties 
on the Delaware, Maryland, and South-Carolina, assembled at New-York; and Timothy Rtiggles, 
esq. of Massachusetts, having been chosen their chairman, they proceeded on the important ob- 



furthe 



Fauquier. (2) Marsliall. (3) Gord. (4) See the letter, 1 Nile? lieg. 12. with some 
r information. (5) They were generally gentlemen of influence in the several provinces, 

'■who -were recommended by the colonial agents ,— so little did they expect the serious opposition, 

■made in America, to this measure. 



[1765, Oct.] HISTORICAL NOTES, &c. 23 

jects for which they had convened. The first measure of the congress was, a declaration of the 
rights and grievances of the colonists. This paper asserts them to be entitled, to all the rights 
and liberties of natural born subjects, within the kingdom of Great Britain ; among the most essen- 
tial of which are, the exclusive power to tax themselves, and the privilege of a trial by jury. 
[J " The grievance most complained of was, the act granting certain stamp duties and other duties 
I in the British colonies, the direct tendency of which, they said, by taxing the colonists without their 
J consent, and by extending the jurisdiction of courts of Admiralty, was to subvert their rights and 
| liberties." 

The declaration is as follows "THE members of this congress, sincerely devoted, with the warm- 
est sentiments of affection and duty, to his majesty's person and government, inviolably attached 
to the present happy establishment of the protestant succession, and with minds deeply impressed 
by a sense of the present and impending misfortunes of the British colonies oh this continent ; 
having considered, as maturely as time will permit, the circumstances of the said colonies, esteem 
it our indispensable duty to make the following declarations of our humble opinion, respecting the 
( most essential rights and liberties of the colonists, and of the grievances under which they labour, 
'! by reason of several late acts of parliament." 

. "I. That his majesty's subjects in these colonies, owe the same allegiance to the crown of Great 
j Britain, that is owing from his subjects born within the realm, and all due subordination to that 
august body, the parliament of Great Britain. 

"II. That his majesty'9 liege subjects in these colonies, are entitled to all the inherent rights 
and liberties of his natural born subjects, within the kingdom of Great Britain. 

"III. That it is inseparably essential to the freedom of a people, and the undoubted right of 
Englishmen, that no taxes be imposed on them, but with their own consent, given personally, or 
by their representatives. 

" IV. That the people of these colonies are not, and, from their local circumstances, cannot be 
represented in the house of commons of Great Britain. 

"V. That the only representatives of these colonies, are persons chosen therein by themselves; 
and that no taxes ever have been, or can be constitutionally imposed upon them, but by their 
respective legislatures. 

" VI. That all supplies to the crown being free gifts from the people, it is unreasonable, and in- 
consistent with the principles and spirit of the British constitution, for the people of Great Britain 
to grant to his majesty the property of the colonists. 

"VII. That the trial by jury, is the inherent and invaluable right, of every British subject in 
these colonies. 

?' Vin. That the late act of parliament entitled, * an act for granting and applying certain stamp 
duties, and other duties, in the British colonies and plantations in America,' &c. by imposing taxes 
on the inhabitants of these colonies ; and the said act, and several other acts, by extending the ju- 
risdiction of the courts of admiralty beyond its ancient limits, have a manifest tendency to subvert 
the rights and liberties of the colonists. 

, " IX. That the duties imposed by several late acts of parliament, from the peculiar circum- 
stances of these colonies, will be extremely burdensome and grievous; and from the scarcity of 
specie, the payment of them absolutely impracticable. 

" X. That as the profits of the trade of these colonies ultimately centre in Great Britain, to pay 
for the manufactures which they are obliged to take from thence, they eventually contribute very 
largely to all supplies granted to the crown. 

" XI. That the restrictions imposed by several late acts of parliament on the trade of these colo- 
nies, will render them unable to purchase the manufactures of Great Britain. 

" XU. That the increase, prosperity, and happiness of these colonies, depend on the full and 
free enjoyment of their rights and liberties, and an intercourse with Great Britain, mutually affec- 
tionate and advantageous. 

"XIII. That it is the right of the British subjects in these colonies, to petition the king, or 
either house of parliament. 

" XIV. That it is the indispensable duty of these colonies, to the best of sovereigns, to the mo- 
ther country, and to themselves, to endeavour, by a loyal and dutiful address to his majesty, and 
humble applications to both houses of parliament, to procure the repeal of the act for granting 
and applying certain stamp duties ; of all clauses of any other acts of parliament, w hereby the ju- 
risdiction of the admiralty is extended as aforesaid ; and of the other late acts for the restriction of 
American commerce. Agreed to, Oct. 19. [176S.J 



U [1766, Jan.] HISTORICAL NOTES, &c. 



"A petition to the king was also agreed on, together with a memorial to each house of par- 
liament. 

''These papers were drawn with temper and firmness. They express unequivocally, the at- j 
tachment of the colonists to the mother country, and assert the rights they claim, in the style of 
conviction. I 

" In addition to these measures, this congress recommended to the several Colonies to appoint | 
special agents, who should unite their utmost endeavours in soliciting redress of grievances; I 
and having directed their clerk to make out a copy of their proceedings for each colony, they 
adjourned. The number of delegates was 28. 

"To interest the people of England against the measures of administration, associations were 
formed, in every part of the continent, for the encouragement of domestiek manufactures, and 
against the use of those imported from Great Britain. To increase their quantity of wool, they 
determined to kill no lambs, and to use all the means in their power to multiply their fiocks of 
sheep. As a security against the use of stamps, proceedings in the courts of justice were suspend- | 
ed, and it was earnestly recommended to settle all controversies by arbitration. While this de- 
termined and systematick opposition was made by the thinking part of the community, there 
were some riotous and disorderly meetings, especially in the large towns, which threatened serious 
consequences. Many houses were destroyed, much property injured, and several persons highly 
respectable in character and station, grossly abused. These violences received no countenance ! 
from the leading members of society, but it was extremely difficult to stimulate the mass of the 
people, to thai vigorous and persevering opposition which was deemed essential to the preserva- 
tion of American liberty, and yet to restrain all those excesses which disgrace, and often defeat 
the wisest measures. In Connecticut and New York, originated an association of persons styling 
themselves the ' sons of liberty,' who bound themselves, among other things, to march to any part 
of the continent, at their own expense, to support the British constitution in America : by which 
was expressly stated to be understood, the prevention of any attempt which might any where be 
made, to carry the stamp act into operation. A corresponding committee of these ' sons of liberty' 
was established, who addressed letters to certain conspicuous characters throughout the colonies, 
and contributed, very materially, to increase the spirit of opposition, and perhaps, the turbulence I 
with which it was in some places attended. 

"While these transactions were taking place in America, causes entirely unconnected with thtf I 
affairs of the colonies, produced a total revolution in the British cabinet. The Grenville party was ! I 
succeeded by an administration, unfriendly to a further prosecution of the plan for taxing the colo- I 
nies, without their consent. General Conway, now one of the principal secretaries of state, ad- I 
dressed a circular letter to the respect, ve governors of the colonies, in which he disapproved, in I 
mild terms, the violent measures which had been adopted in America, and recommended to them, I 
while they maintained the dignity of the crown and parliament, to observe a temperate and con- I 
ciliatory conduct towards the colonists, and endeavour, by all persuasive means, to restore the pub- j 
lick peace. 

£ Jan. 14.] "Parliament (which repealed the act) was opened by a speech from the throne> in which ' 
his majesty declared 'his firm confidence in their wisdom and zeal, which would, he doubted not, 
guide them to such sound and prudent resolutions, as might tend at oace to preserve the constitu- 
tional rights of the British legislature over the tetanies* and to restore to them that harmony and 
tranquillity, which had lately been interrupted by disorders of the most dangerous nature.' 

" In the course of the debate in the house of commons, on the motion for the address, Mr. Pitt^ 
in the most explicit terms, condemned the act for collecting the stamp duties in America, and 
declared his opinion to be, that parliament, "had no right to tax the colonies" At the same time 
he asserted ' the authority of that kingdom to be sovereign and supreme in every circumstance of 
government and legislation whatever.' He maintained the difficult proposition ' that taxation is uo 
part of the governing or legislative power ; but that taxes are a voluntary gift and grant of the 
commons alone.' He concluded a very able and eloquent speech, by recommending to the house 
'that the stamp act be repealed, absolutely, totally, and immediately.' 

■ " The opinions which had been maintained by Mr. Pitt, were very warmly opposed by the late 
ministers, headed by Mr. Grenville. He said 'that the disturbances in America were grown to 
tumults and riots ; he doubted, they bordered on open rebellion ; and, if the doctrine he had heard 
that day should be confirmed, he feared they would lose that name, to take that of ' revolution.' 
The government over them being dissolved, a revolution he said ' would take place in America.' 
He contended that taxation was a part of the sovereign power i — one branch of the legislation ; 



[1766, March.] HISTORICAL NOTES, &c. 25 

r.nd bad been exercised over those who were not represented. He could not comprehend the 
distinction between external and internal taxation, and insisted, that the colonies ought to bear a 
part of the burdens, occasioned by a war for their defence. 

[.Mafch 19.] "The existing administration, however, concurred in sentiment with Mr. Pitt, and 
the net was repealed ;(1) but its repeal was accompanied with a declaratory act, asserting the 
power and right of Great Britain to bind the colonies, in all cases whatsoever.(2) 

"The joy in America, on receiving intelligence of this event, was unbounded. The assertion 
of the abstract principle of right gave them but little concern, because they considered it merely 
as a salvo for the wounded pride of the nation, and believed confidently that no future attempt 
would be made to reduce it to practice. The highest honours were every where conferred on 
those parliamentary leaders, who had been active in obtaining a repeal of the act; and in Virginia, 
su act passed the house of burgesses for erecting a statue to his majesty, as an acknowledgment 
of their high sense of his attention to the rights and petitions of his people. With the repealing 
and declaratory acts, came a circular letter from secretary Conway, extolling 'the moderation, 
the forbearance, the unexampled lenity and tenderness of parliament towards the colonies;' this 
signal display of which, he hoped, ' could not but dispose them to that return of cheerful obedi- 
ence to the laws and legislative authority of Great Britain, and to those sentiments of respectful 
gratitude to the mother country, which are the natural, and,' he trusted, 'would be, the certain 
eifects of so much grace and condescension, so remarkably manifested on the part of hi9 majesty, 
and of the parliament. (3)" 

The following is a short account of the expiring moments of the Stamp act in the debate upon 
it Feb. 22, " People in Britain were differently affected by the disturbances in the colonies. 
This party, was for supporting the authority of parliament at all adventures, and for enforcing the 
Stamp act, if needful, with the point of the sword : that, for quieting the colonies by the repeal of 
it. Happy for them, Mr. Grenville and his party had thrown themselves out of place on a differ- 
ence as to the regency bill ; so that the marquis of Rockingham, and others in opposition, who 
were bdtter inclined to the Americans, came into office, July 10, 1765. The marquis and his 
friends did- not come to a resolution directly to repeal the act. The main lines of their own plan 
were not marked out, nor the repeal determined upon, until a little before the meeting of parlia- 
ment. But the choice of the measure, and of the principle to proceed upon, was made before the 
session. The papers relative to American affairs were produced to the house of commons; and 
it was a kiud of plan on all sides, to maintain the authority of parliament, and by that very author- 
ity, to give the colonies every relief the nature of the case required. But the great commoner, 
Mr. Pitt, who neither communicated, nor connected himself with any one, came to the house 
and declared, that parliament had no right to tax the colonies ; and said also, I am glad America 
has resisted He hereby deranged matters ; threw the opposition into a rage ; and reduced the 
ministry to a necessity of accompanying the repeal, with a declaratory bill, expressive of the 
right of parliament to bind the colonies in all cases -whatever. 

" Mr. Grenville moved that the stamp act should be enforced, and was supported by 134, 
but opposed by 274 — The merchants aud manufacturers joined their efforts with ministry 
to obtain a repeal. They were alarmed at the non-importation agreement, and the confusions 
which existed, as being necessarily prejudicial to their own interests, and tending to the destruc- 
tion of commerce. The ministry did not fail to encoHrage petitions, complaining of hardships 
brought on by the great decay of trade to the American colonies ; and also instructions to mem- 
bers from the trading and manufacturing towns. The petition of congress was not admitted ; the 
members not being called together by the authority of the crown, though a futile, was yet a pre- 
vailing argument against its admission. But the repeal was grounded on the other petitions ; and 
after a six weeks inquiry into American affairs, was moved for, with the greatest propriety, by 

' (1) 10 Stat. 152. 6 G 3. c. 11. (2)— 10 Stat. 152. 6 Geo. 3. c. 12. It recites the claim and 
pretensions of several colonies, or assemblies, to the sole right of imposing duties and taxes, on 
his majesty , s subjects in America, and tlieir resolutions &c. derogutory to the legislative author- 
ity of parliament, and inconsistent ivith their dependence on the crown, and then enacts, that 
'the colouies, &c. ought to be subordinate unto , and dependent upon, the imperial crown and 
parliament of Great Britain ; and that the parliament hath, and of right ought to have, full 
authority to make laws and statutes, of sufficient force and validity to bind the colonies, and 
people of America,subjects of the crown of Great Britain, in all cases whatsoever. ' 

This declaratory bill, went hand in hand with the repeal of the stamp act, and was passed, on 
the same day that was repealed, viz. March 19, 1766. 

It is most certain) the repeal xvoittd not have been carried without zt • (3) Marsh, 



26 [1766, March.] HISTORICAL NOTES, &c. 

general Conway, the secretary, who had opposed the stamp bill at the second reading, and denied i 
the right of parliament to tax the Americans. The debate which ensued, was warm, interesting I 
and long. But, by three o'clock in the morning, '■ [Feb. 22.] the house, by an independent j 
noble spirited and unexpected majority, in the teeth of all the old mercenary Swiss of the state ; 
in despite of all the speculators and augurs of political events ; in defiance of the whole embattled , 
legion of veteran pensioners and practised instruments of court ; gave a total repeal to the stamp 
act, and (if the scheme of taxing the colonies had been totally abandoned) a lasting peace to the 
whole empire.' The motion was carried by 275 against 167. The cider counties supported it ; 
for they expected a repeal of the duty on cider, and obtained it in April. It has been said, that 
had not the ministry bartered the stamp act against the repeal of the cider duty, they would not 
have succeeded. 

During the debate, " the trading interests of the empire crammed into the lobbies of the 
house of commons, with a trembling and anxious expectation, and waited, almost to a winter's re- I 
turn of light, their fate from the resolution of the house. When at length, they had determined 
in their favour, and the doers thrown open, showed them the figure of their deliverer,(l) in the 
well earned triumph of his important victory, from the whole of that grave multitude there arose j 
an involuntary burst of gratitude and transport. They jumped upon him, like children on a long 
absent father. They clung about him as captives about their redeemer: all Englan d joined in | 
his applause — nor did he seem insensible of the best of all earthly rewards, the love and admira- j 
tion of his fellow citizens. Hope elevated, and joy brightened his crest." 

" The ministry had certainly great difficulties to encounter, the principal originated in the j 
colonies, and were caused by the intemperate proceedings of the various ranks of men within, 
them. Their violence awakened the honor of parliament, especially after Mr. Pitt's speech, 
and thereby involved every friend of the repeal in the imputation of betraying its dignity. This 
is so true, that the act could not have been repealed, had not men's minds been in some measure 
satisfied with the declaration of right. AU the Scotch members, save two, voted agaiust the 
repeal. Mr. Bollan, who informed lieutenant-governor Hutchinson of it by letter, omitted men- I 
tioning the names of the gentlemen. 

" The bill having passed the house of commons, went up to the house of lords. Lords Bute 
and Strange publickly declared, that his majesty's wish was not for a repeal. The marquis of 
Mockingham and Lord Shelbume went together to the king, and told what was reported. They 
were informed, that his majesty had expressed hisdesire that it should be enforced ; but if it could 
not be done peaceably and without bloodshed, it was his sincere desire and intention that it should 
be totally repealed. The dukes of York and Cumberland, the lords of the bedchamber and the 
officers of the household, were for carrying fire and sword to America. Most of the bench of 
bishops joined them. Instead ,of ascribing that to a sanguinary disposition, to which their profes-v 
sion was opposed; let it be imputed to the painful prospect of being hindered eventually froia 
establishing the English hierarchy within the American colonies. There was in the house of lordsj 
proxies included, for the repeal 105, against it, 71. 

" {March 19-] Wednesday, his majesty went to the house of peers, and passed the bill foe 
repealing the American stamp act; as also that for securing the dependency of the colonies oa 
the British crown. On this occasion, the American merchants made a most numerous appear* 
anee, to express their gratitude and joy ; ships in the river displayed their colours ; houses at 
night were illuminated all over the city, and every decent and orderly method was observed, to 
demonstrate the just sense they entertained of his majesty's goodness, and the wisdom of parlia- 
ment, in conciliating the minds of the people on this critical occasion. An express was dispatch- 
ed immediately to Falmouth, with letters to the different provinces, acquainting them with the 
news of the repeal, that so their fears might vanish, and give place to joy and exultation. 

" Mr. Pitt's declaration against the parliament's right to impose internal taxes, and his say- 
ing, I am glad America has resisted, were seized with eagerness by the popular leaders in 
the colonies. They praised and idolized him, without regarding what he had declared in favour 
of the authority of parliament in all cases of external taxation, and for enforcing all laws for that 
purpose ; and notwithstanding his having said, * If obedience be refused, I would not suffer a 
hob-nail to be made in the plantations.' Their spirits were elated, and they took encourage- 
ment from his declaration, to fortify themselves in their own sentiments upon American liberty. 

" It is impossible to express or describe the extraordinary joy with whjeh the body of the 

(1) Genii Conway. 



[1767, June.] HISTORICAL NOTES, &C j 2f 

Americans received the news of the repeal, though the power of the admiralty courts remain- 
ed unabridged, and the declaratory act was added."(l) 

Strange as it may appear, in twelve months after the stamp act stood repealed, and notwithstan- 
ding all the opposition to that and the preceding "Sugar act," of April 1764, laying duties, 
(which last act nevertheless was enforced) the idea of raising revenue on America by impost, 
| was revived : it was to be executed under the auspices of the celebrated Charles Toivnshend, who 
then was chancellor of the exchequer; he had pawned his credit to effect it; accordingly he 
brought in a bill, entitled " an act for granting certain duties in the British colonies &c." it re- 
ceived the royal assent, June '29.(2) 

This act threw off all disguise : the preamble recites, " that it is expedient to raise a revenue 
in his majesty's dominions in America ; for the administration of justice, and support of Govern- 
ment in such provinces where it should be found necessary ; and for defence of the colonies." 

The first section then declares, " that after Nov. 20. there shall be paid the following duties, 
on goods imported from Great Britain, into any colony." The objects and rates then follow; 
as is. on I cwt. of crown plate, flint, and white Glass, he. on every cnat. Painters Colours '2s. on 
Tea 3d. Tperlb. on Paper of many enumerated descriptions, various rates of duty. 

These duties, and all penalties and forfeitures, were recoverable as other duties in the colonies 
by former acts; to be paid into the Exchequer in England. 

By Sec. 2. his majesty is empowered by warrant under his sign manual, to cause so much of 
these monies as he or his successors may deem proper, to be applied " to defraying the charges 
of the administration of justice, and the support of the civil Government, within all or any of the 
plantations, &c. 

Sec. 10. also regulated the manner of obtaining writs of " assistance," by revenue officers, to 
search for goods ho. 

A short account of its introduction follows. 

[May 13.] " The chancellor of the exchequer moved for leave to bring in bills for granting a 
duty upon paper, glass, painters colours, he. in the British American colonies; for settling sala- 
ries on the governors, judges, &c. in North-America ; and for taking off the duty on teas exported 
to America, and granting a duty of three-pence a pound on the importation in America. Two 
bills were at length framed, the one for granting duties in the British colonies in America, on 
paper, glass, painters colours, tea, &c. the other for taking off the duty of a shilling a pound on aU 
black and singlo tea, and for granting a drawback on teas exported to Ireland and America. The 
first received the royal assent June the twenty-ninth; the last July the second. The preamble 
to the first act expresses, that the duties are laid * for the better support of government, and 
the administration of the colonies.' The colonists deemed it unnecessary, unjust, and dangerous 
to their most important rights. There is a clause in it enabling the crown, by sign manual to 
establish a. general civil list throughout every province in North-America, to any indefinite ex- 
tent, with any salaries, pensions, or appointments, to any unlimited amount, even to the produce 
of the last farthing of the American revenue. The point was now carried, which had been the 
object of every minister since the reign of Charles II. viz, the establishment of a civil list in 
America, independent of the assemblies. Mr. Richard Jackson spoke in the house of commons 
against that part of the bill, and was supported only by Mr. Huske, and no other member. He 
was convinced, that though the judges ought to be independent both of crown and people, yet 
mischiefs might arise from the independency of governors on the people, much greater than 
could arise from their dependence ; and that it was not fit that such persons as governors usually 
are, should be independent of the people, and dependent upon the crown for their governments. 
The act provides, that after all such ministerial warrants under the sign manual, as are thought 
proper and necessary, shall be satisfied, the residue of the revenue shall be at the disposal of 
the parliament,(t)" for the defence of the colonies. 

The next after this, was an act, to place the collection of the customs, and laws relative to trade, 
in America, under commissioners resident in the colonies. It will be recollected, the superinten- 
dence and collection before, had been under the commissioners of the revenue in England, who 
appointed surveyors general, and collectors in the colonies : this act was made on professions of 
relieving the English commissioners in part, from the burden and inconvenience of the colonial 
customs: It was brought in [June 3.] It enacted, " that the customs And duties, on goods imnor* - 

(I) GW. (2) 10. Slats. 369. 7. Geo. 3. c. 48. 



28 11767, June.] HISTORICAL NOTES, &c. 

cd, into any British colony in America, may from time to time, be put under the management of J 
commissioners appointed by his majesty under the great seal ike. to reside in the plantatious.(l) 
TJbe following is an account of it. 

"A plan of a board of commissioners for the American department, in order to ease the old • 
board of commissioners of part of its burden through increasing business, had been in contempla- J 
tion. It was intended to be placed in London, in order to be near the treasury, the ultimatum of | 
revenue matters. Mr. Paxton, thought to be the most plausible and insinuating of mankind, I 
though not the most sincere, having left Boston and gone to Britain, had free access to the chan- 
cellor of the exchequer, Mr. Charles Toiunshend. It is said that he whined, cried, professed, 
swore, and made his will in favour of that great man ; and then urged the necessity of an Ameri- 
can board of commissioners, and his having a seat at it. He might forward the business. Be 
that as it may, the chancellor brought in a bill [June 3 ] for establishing a custom-house and a 
board of commissioners in America, which also passed into an act at the same time with the for- 
mer. Mr. Paxton for his own convenience and pleasure, might proeure the fixing the board at 
Boston; but of all places it was the most improper. The people were, of all others, the most 
jealous of infringements on their liberties; and were the least suited to see crown officers living 
among them in great state, upon what they could not but deem, from the mediocrity of their own 
circumstances, large salaries, payable from the revenue to be raised from the colonies. The board 
should have been placed at New-York. Smuggling was as prevalent there as at Boston. The 
inhabitants had been long used to crown officers with splendid appearances ; the commanders of j 
his majesty's troops resided much among them ; numbers of them lived in a higher style than the ' 
Bostonians; beside, there the commissioners would have had forces at hand to have supported! 
them, and have met with greater assistance from the servants of a royal government and their con- 
nexions. The timing also, as well as the placing of the board, was rather unfortunate ; for it sup- j 
plied the Americans with the opportunity of propagating, that it was appointed merely to enforce i 
the new duties. By this means the people were inflamed, and the appointment was pronounced 
unconstitutional and oppressive. The duties were to take place after the twentieth of November; j 
and in the beginning of that month, three of the commissioners, Henry Hulton, William Burch, 
and Charles Paxton, esqs. arm ed at Boston ; the other two, John Temple and John Robinson, esqs. 
■were in America before. As to the expense of the board of customs, including the whole, it was 
a thousand pounds less than that of the four surveyors general, and the office connected with them | 



the repeal of the stamp act had quieted ; but did not live to see the fatal consequences which have i 
followed, as he died the fourth of September." 

Doubtless it was a branch of Toiunshend'' s plan, at that time devised, for a regular and increasing ' 
revenue system in the colonies. 

In the same session, \_June,~] an act passed, "for restraining and prohibiting the governor, I 
council, and house of representatives, of the province of Neiv-York, until provision shall have j 
been made for furnishing the king's troops with necessaries required by law, from passing, or I 
assenting to any act of assembly, vote or resolution, or for any other purpose." (%) 

By a supplement to tbe annual mutiny bill, (3) passed Mar. 1765, it had been provided, « that \ 
the king's troops stationed in any colony, should be furnished with quarters, fire, bedding, candles, 
small beer, rum, &c. at the expense of the colony : a law which most assuredly levied' a direct 
tax on the colonies ; and as it might be a most unequal one, as the king's forces were garrisoned 
very unequally ; the cause of this prohibiting act was this. 

In Dec. 1766. the assembly of N. York, being applied to by the governor, to carry the | 
act into execution, in respect to troops, which had arrived at New-York under Gen. Gage ; they 
said in their address to him, (Sir Henry Moore,) « According to the construction put on it here, j 
it is required that all the forces which shall at any time enter this colony, shall be quartered du- j 
ring the whole year in a very unusual and expensive manner ; by marching several regiments 
into this colony, this expense would become ruinous and insupportable ; and therefore we cannot, 
consistent with our duty to our constituents, put it in the power of any person (whatsoever confi- 
dence we may have of his prudence and integrity) to lay such a burden on them, and so justified 
their declining to provide for the troops." 

"An account being received in England of this refusal, Mr. Grenville and his adherents raised 

(1)10 Stat. 3i0. 7 Geo.S.c.il. (2)10 Stat. i3L 7 Geo. 3. c. 59. (3) 10 Stat. 71, 5 Geo. 3. c. 33. j 



[1767, June.] HISTORICAL NOTES, &c* 39 

such a clamour against America, that it was thought necessary to bring in the bill aforesaid, re- 
straining the assembly of New-York from passing any act. The taking away in this manner from 
the province of New-York all the powers of legislation, till they should comply with the former 
act, occasioned a general alarm among the Americans. They now saw that their own colonial 
parliaments, as they considered them, were to be bound to what the British ministry might deem 
their good behaviour, by the acts of a British parliament. Nothing could be more grating to 'the 
sons of liberty' in every province. It was the club of power, which, white it knocked down the 
New-York assembly, threatened every other with the like, if not pliable." (1) 

The act recites the whole of the proceedings, and enacts, " that all bills, acts, votes, and reso- 
lutions of the governor, council and assembly, shall be void, until they comply ."(2) 

As might be expected, the passage of these several laws, all at one session, and especially the 
act, laying duties on glass, paper, &c. and within a year after the struggle against the stamp act, 
and its overthrow, excited universal amazement, no less than grief and indignation. 

This obnoxious measure, (the duties) in which was deposited the future seed of independence, 
was forced upon the colonies ; it continued in operation nearly three years. Like the stamp aci, du- 
ring the whole time of its existence, it was the subject of bitter execration, and unceasing opposition. 

The following is an account of this period, and the consequences of these acts. 

" The idea of raising a revenue in America was highly favoured in England, especially by the 
landed interest ; and not even the weight of administration could have obtained a repeal of the 
stamp act, on the naked principle of right. Few were hardy enough to question the supremacy 
of parliament; and their having receded from the practical assertion of their power to tax the 
colonists, deeply wounded the pride, and grated harshly on the feelings, not only of the king, 
who was supposed to be still under the influence of the earl of Bute, but of a considerable part 
of the nation. 

" The temper now discovered in some of the colonies, was by no means calculated to assuage 
the wound which this measure had inflicted, on the haughty spirit of the rulers of that country, 
and is supposed to have contributed, in no small degree, to the revival of a system which had 
been reluctantly abandoned. 

' "Charles Townshend, chancellor of the exchequer, in an administration formed by lord Chat- 
ham, a man of splendid and versatile talents, said boastingly, in the house of commons, that he 
knew 'how to draw a revenue from the colonies, without giving them offence.' Mr. Gren- 
ville eagerly caught at the declaration, and instantly urged this minister to pledge himself to 
bring forward the measure at which he had hinted. A bill had been decided on in the cabinet 
during the sickness and absence of lord Chatham, whose infirmities had, for the time, impaired 
both his talents and his influence, 'for imposing certain duties on tea, glass, paper and painters' 
colours, imported into the colonies from Great Britain.' This bill, as before mentioned, was 
brought into parliament, and passed almost without opposition. (3) The taxes it imposed were ap- 
propriated, in the first instance, to the payment of the salaries of the governors, judges, and other 
officers of government. 

" The friends of America in England, had distinguished between internal and external taxation ; 
and the same distinction had also been made in the colonies. As the power of parliament to im- 
pose duties, for the purpose of commercial regulations, had never been doubted ; it is possible, 
that if the present measure had been adopted in the first instance, it might, as well as the act 
laying a duty on 'sugars,' have been submitted to without examination. But the discussions to 
which the stamp act had given birth, had greatly enlarged the circle of political information in 
America, and while they rendered more diffusive among the colonists, a knowledge of their 
rights, had inspired also a much more accurate mode of thinking respecting them. 

(I) Gord. (2) The power here exercised, of suspending all legislative authority in a colony, 
until compliance -with acts of parliament, was perhaps constitutional, as parliament could 
make laws for the colonies, extending to them without their consent : indeed in all the royal govern- 
ments, the acts of the legislatures, -were subject to be disallowed by the king in council, and were 
transmitted for allowance ; and became voidjrom the time of his negative : But to disfranchise 
a colony, to the extent of this act, superseding all power of intemul legislation, and in effect 
depriving the people of governing themselves, was a most alarming precedent : Tt is believed tlie 
first of so dangerous and bold a character, and very justly looked upon as wantonly tyranical 

(3) This act of June 29, [_ 1767.] laying those ditties on glass, paper, and other British 
manufactures imported from England, being under consideration, and which raised such 
commotion ; it may be proper here to advert more particularly to the two preceding reve- 
nue acts, which had gone into operation, and seemed to have occasioned less pointed opposition 

4 



SO [1767, Dec] HISTORICAL NOTES, &c. 

" The present duties were plainly intended, not to regulate commerce, but to raise a revenue, I 
which would be as certainly collected from the colonists, as the duties on stamps could havef 
been. The principle of the two measures was precisely the same. The mode of attack indeed I 
was varied, but the same object was still pursued. Many of the Americans were now too intelli-[ 
gent to be misguided by the distinction between internal and external taxation, or by the pre- 
cedents quoted in support of the right contended for. This, they said, was plainly an internal 
tax, as the duties would be unavoidably paid in the country ; and if external, yet it was imposed, ' 
not for the purpose of regulating or restraining trade, but of raising a revenue. It was considered 
as establishing a precedent of taxation for the mere purpose of revenue, which might afterwards 
be extended at the discretion of parliament, and was spoken of as the entering -wedge, designed i 
to make way for impositions too heavy to be borne. The appropriation of the money did not ' 
lessen the odium ot the tax. The colonial legislatures considered the dependence of the govern- 
ors and other officers, on them, for their salaries, as the best security for their attending to the 
interests, and cultivating the affections of the provinces. 

"With these sentiments concerning the act, it was not strange that a determination was made 
to oppose its execution : yet the idea of its unconstitionality was not taken up so suddenly or so 
universally as had been witnessed in the case of the stamp act. Many very able political essays 
appeared in the papers, demonstrating the violation contained in this law, of the principles of the 
English constitution, and of English liberty ; and earnestly exhorting the people of America, to 
take measures which would defeat its operation. The effect of these essays was gradual, but ] 
certain; and the publick judgment seemed at length convinced, that the same principle which 
had before been successfully opposed(l) was again approaching under a different garb. 

\_l)ec. 1767-3 "The general court of Massachusetts met, and very early in the session, took 
under their consideration several acts of parliament, which during the recess, had been trans- 
mitted to the colony. They perceived plainly that the claim to tax America was revived, and 
they determined to oppose it with all the means in their power. 

"A very elaborate letter was addressed to Dennis de Bert, agent for the house of represen-i 
tatives, in which are detailed, at great length, and with much weight of argument, all the objec- 
tions to be made to the late acts of parliament. Letters signed by the speaker were also ad- 
dressed to the earl of Shelburne and general Conway, secretaries of state ; to the marquis of 
Rockingham, lord Camden, the earl of Chatham, and the Lords commissioners of the treasury. 
These letters, while they breathe a spirit of ardent attachment to the British constitution and the i 
British nation, manifest a perfect conviction that their complaints were just : a conviction foun- [ 
ded on an entire understanding of the soundest political principles, which ought to have arrested 
the mad course now re-commenced. 

"< Conscious of their own disposition,' say they to general Con-way, ' they rely upon that can- 
dour which is a distinguished mark of your character. And however they may have been repre- 

(1) Defeat of Stamp act, March, 1766. 



thai this ortlie stamp act ; Indeed the m first, that of 33 Geo. 2, 1/33. occasioned none ; and that 
of 4 Geo. 1763- -was after a time silently submitted to, and in fidl operation, now -while the 
storm -was at its highest, against the "glass and paper" act o/June [1767.] p&ssed three years 
after. 

The act of 33 Geo. 2. c. 13. passed in 1733. [6 Stat. 116.]— laid a duty after Dec. 25, 1733. of 
Qd u gall, on rum or spirits, 6d. a gall, on molasses or syrups, and 5s. on each cwt. of sugars; 
allbeing of foreign groxvth or manufacture; the duties -were to be paid in cash, before landing, 
on pain of forfeiture and other penalties ; recoverable in the admiralty, or court's of common law, \ 
at the election of the prosecutor: — the forfeitures &c. one third to the king, one third to the \ 
governor ; and one third to the informer. 

Under tlds act, which went quietly into operation, a complete and very active impost and 
revenue system and establishment, grew up in the American colonies ; — conducted under the 
commissioners of the customs in England, who appointed surveyors general of the customs in 
America, and collectors and other subordinate officers of the customs, in the several ports .- 

Custom houses were established, and the ditties and proceedings executed, and conducted 
agreeable to the provisions of the act, and instructions of the commissioners, and the laws of trade 
and commerce. 

The revenue from this act, was carried direct into the exchequer of England, and not ap- 
propriated in particular to coloiual purposes - 

It professed to be an act, not for revenue, but to encourage the "sugar colonies" of Great 
Britain, by laying duties on the importation of foreign sugar, rum, or molasses, into the other 
colonies ; a purpose it should see?n, if that was the only one, which would have been better an- 
swered, by the prohibition of the foreign articles ; 

Still however, this act was deemed as decidedly of the character of those which were made to 



[1767, Dec] HISTORICAL NOTES, &c. 31 

sented to his majesty's ministers as undutiful, turbulent, and factious, your sentiments are too 
generous, to impute expressions of uneasiness under the operation of any particular acts of the 
British parliament, to a peevish, or discontented habit, much less to the want of a due veneration 
;! for that august assembly. 

" « This house is at all times ready to recognise his majesty's high court of parliament, the su- 
j preme legislative power over the whole empire. Its superintending authority, in all cases con- 
| sistent with the fundamental rules of the constitution, is as clearly admitted by his majesty's sub- 
| jects in this province, as by those within the realm. Since the constitution of the state, as it ought 
I to be, is fixed ; it is humbly presumed that the subjects in every part of the empire, however re- 
I mote, have an equitable claim to all the advantages of it.' 

"To the earl of Shelburne, after stating the hardships encountered by their fathers, and their 
attachment to the mother country, they insist, that the common law, as well as their charter, 
gives them all the rights and liberties of British subjects. 

" 'The spirit of the law of nature and nations' they proceed to say, 'supposes that all the free 
subjects of any kingdom, are entitled equally to all the rights of the constitution ; for it appears un- 
natural and unreasonable to affirm, that local, or any other circumstances, can justly deprive any 
part of the subjects of the same prince, of the full enjoyment of the rights of that constitution, 
upon which the government itself is formed, and by which sovereignty and allegiance are ascer- 
tained and limited. 

" There are, my lord, fundamental rules of the constitution, which it is humbly presumed 
neither the supreme legislative nor the supreme executive can alter. In all free states the con- 
stitution is fixed. It is from thence the legislative derives its authority. Therefore it cannot 
change the constitution, without destroying its own foundation. If then the constitution of Great 
Britain is the common right of all British subjects, it is humbly referred to your lordship's judg- 
ment, whether the supreme legislative of the empire may rightly leap the bounds of it, in the 
exercise of power over the subjects in America, any more, than over those in Britain. 

" * It is the glory of the British constitution, that it has its foundation in the laws of God and 
nature. It is essentially a right, that a man shall quietly enjoy, and have the disposal of his own 
property. This right is ingrafted into the British constitution, and is familiar to the American 
subjects ; and your lordship will judge, whether any necessity can render it just and equitable 
in the nature of things, that the supreme legislative of the empire should impose duties, subsidies, 
talliages, and taxes, internal or external, for the sole purpose of raising a revenue upon subjects 
that are not, and cannot considering their local circumstances by any possibility be, equally re- 
presented ; and consequently, whose consent cannot be had in parliament. 

" • The security of right, and property, is the great end of government : surely then, such. 
measures as tend to render right and property precarious, tend to destroy both property and 

regulate commerce, or in other words, for the support of the general system of trade, and ren- 
dering it advantageous to Britain, and equal among the colonies : 

The next act is that of 4 Geo. 3, 1764. [9 Stat. 152 J ivhich preceded the stamp act, mentioned 
page 16, ante, passed 30 years after that of Geo. 2. This act professes on the face of it, to be a 
revenue act, and not to equalize, promote, or regulate trade, as a general external policy : — It 
recites, "that new provisions and regulatio?is shoidd be established, for improving the 'revenue 1 
of this kingdom, and extending and securing the navigation and commerce, between Great 
Britain and his majesty's dominions in America, which by the peace had been so happily enlarged, 
and that it is just and necessary, a revenue be raised in your ?najesty's said dominions in Ameri- 
ca,for defraying the expenses of defending, protecting, and securing the same," it then enucts, 
" that, after Sep. 29, 1764. certain duties shallbe raised, levied and paid, on white clayed sugars, 
indigo, coffee, wines, {except French,) wrought silks, and stuffs mixed with silk, of Persian, 
Chinese, or East India manufacture ; and French lawns, and cambricks." 

The articles thus dutied, were all of foreign produce or manufacture. 

It has been seen that this act '[of Ap. 1764.] was forced down upon the colonies, and was in 
full and active operation, when the stamp act [of Mar. 1765.] was made; and when the bill for 
laying duties on glass, paper, tea, &c. passed \_3une 29, 1767.] now in contest, was enacted. 

This latter act, [7 Geo. 3. c. 46. 10. Stats. 369.] in its preamble, like the "sugar" act of 1764,. 
then in operation, as aforesaid, expressly recites " that it is expedient a revenue should be 
raised, in his majesty's dominiens in America, for a more certain and adequate provision, for 
defraying the charges of administering justice, and support of civil government here, and de- 
fence of the colonies; and then proceeds, to the objects, and rates; The objects of duty on imports 
were, glass of all descriptions, white and red lead, painters' colours, tea, and paper of all de- 
scriptions, as has been stated in the text. 

The duties were confined, to articles imported from " Great Britain'' They were of course 
%n British manufactures, imported direct from England, and in this respect only, did the act 
differ from the " sugar" act of 1764, which raised duties on articles of foreign product. How- 



;,; 



32 [1768, Feb.] HISTORICAL NOTES, &c, 

Government, for these must stand or fall together. Property is admitted to have existence HI [ 
the savage state of nature : and if it is necessary for the support of savage life, it becomes by I 
no means less so in civil society. The house entreats your lordship to consider, whether a colo- i 
nist can be conceived to have any property which he may call his own, if it may be granted away I 
by any other body, without his consent : and they submit to your lordship's judgment, whether this | 
was not actually done, when the act for granting to his majesty certain duties on paper, glass, | 
and other articles, for the sole and express purpose of raising a revenue in America, was made.' j 

" They conclude a very able course of reasoning, on the question of the constitutional right to | 
tax America, with saying, 'It is by no means, my lord, a disposition in the house to dispute the i 
just authority of the supreme legislative of the nation, that induces them thus to address your | 
lordship; but a warm sense of loyalty to their prince, and, they humbly apprehend, a just concern 
for their natural and constitutional rights. They beg your lordship would excuse their trespass- 
ing on your time and attention to the great affairs of state ; they apply to you as a friend to the 
rights of mankind and of British subjects. As Americans, they implore your lordship's patronage, 
and beseech you to represent their grievances to the king our sovereign, and employ your happy 
influence for their relief.' 

"Arguments which would have appeared so conclusive to Englishmen, if urged by themselves I 
in support of their own rights, had but little weight, when used to disprove the existence of their ' 
authority over others. The deep and solemn tone of conviction, however, conveyed in all these I 
letters, ought to have produced a certainty that the principles assumed in them, had made a j 
strong impression, and would not lightly be abandoned. It ought to have been foreseen, that with i 
such a people, so determined, the conflict must be stern and hazardous ; and even if ultimate j 
success might be counted on, it was well worth the estimate, whether the object would compen- 
sate the means used in obtaining it. j 

[Jaw. 20. J " A petition to the king was also agreed on, replete with professions of loyalty and 
attachment to his person and family, but stating in very explicit terms, the sense they entertained 
of the acts against which they petitioned. 

[Jan. 21.] " After the petition to the king had been voted, a day was appointed to take under 
consideration, the propriety of addressing their sister colonies, on a subject equally interesting to 
all. After long and earnest debate, the motion for the address was lost, in a house consisting of 
eighty-two members :(1) but on a motion for reconsidering the resolution, which was made on a 
subsequent day [Feb. 4.] in a house consisting of the same number of members, it was carried | 
in the affirmative by a great majority ; and by an immediate subsequent resolve, the first resolution 
■was erased. 

[Feb. 11.] A circular letter to the assemblies of the respective colonies, stating the proceedings 
of the house of representatives of Massachusetts was then agreed to ; one copy of which was 

(1) The whole number of members was then one hundred and ten. 



ever, no distinction can be, or was made on that account, between the two acts ,■ they were both 
avowedly for the sole purposes of revenue, to be raised in the colonies, on the import, and opera- j I 
ting as a tax on the consumer : 

The opposition to the "sugar" act of 1764, was unsuccessful, that which now arose to the I 
glass, paper and tea act of 176", was more veliement, continued, and successful, doubtless, be- ] 
cause that of 1764, and the stamp act of 1765, and other indications now showed, that England I 
was resolved on introducing a complete revenue system, in all her colonies ; imposting ^every I 
thing, and might on the same principle have imposed land taxes, and established an excise. 

One cannot but feel amazement, that such policy, so odious to the Americans, so dangerous j j 
to British empire, and so inefficient, should have been persisted in. It, must in a great measure ■ I 
be ascribed to personal and national feeling, on the point of honour and in England the desire I 
of victory over the obstinate resistance of the colonies : 

It is perfectly clear, that every object of England, even in respect of revenue, would have I 
been more completely, and cheaply attained, by a duty on the export of British commodities ] 
into the colonies : this woidd then have been collected in England, on her subjects there, though ' 
in effect paid by tlie colonies, who were compelled to import and consume her manufactures, be- 
ing prohibited from foreign trade, except in a few permitted particulars, where the profits of it 
would tend to the advantage of E?igland. 

If the same duties had been laid, on the export of the glass, paper, tea, &c. the revenue to , 
England would have been the same, or greater, as the expense of an export collection is always 
cheapest ; yet doubtless, such an insidious system would eventually have produced the same oppo- I 
sition.; but it serves to show, how short of their ow?i, principle, the first opposers of British revenue 
laws stopped, in limiting their objection to parliamentary legislation over them without their 
consent, to the case of a direct impost for revenue. 

Every act of the British parliament, affecting the rights and advantages of a colony, was 
in reality liable to the same objection when traced to its principle. 



I [1768, Feb.] HISTORICAL NOTES, &c. m 

presented to their governor, and another copy, to prevent its being misrepresented, was trans- 
mitted to their agent in London. 

The letter is as follows, " Province of Massachusetts Bay, Feb. 11, 1768, 
« Sir, 

"The house of representatives of this province have taken into their consideration, the great 
difficulties that must accrue to themselves and their constituents, by the operation of the several 
acts of parliament, imposing duties and taxes on the American colonies. 

, " As it is a subject in which every colony is deeply interested, they have no reason to doubt, but 
your house is duly impressed with its importance : and that such constitutional measures will be 
come into, as are proper. It seems to be necessary, that all possible care should be taken that the 
representations of the several assemblies, upon so delicate a point, should harmonise with each 
other : the house therefore hope, that this letter will be candidly considered in no other light, 
than as expressing a disposition freely to communicate their mind to a sister colony, upon a com- 
mon concern, in the same manner as they would be glad to receive, the sentiments of your or any 
other house of assembly on the continent. 

" The house have humbly represented to the ministry their own sentiments ; that his majesty's 
high court of parliament is the supreme legislative power over the whole empire : that in all free 
states the constitution is fixed : and, as the supreme legislative derives its power and authority from 
the constitution, it cannot overleap the bounds of it, without destroying its foundation ; that the consti- 
tution ascertains and limits both sovereignty and allegiance ; and therefore, his majesty's American 
subjects who acknowledge themselves bound by the ties of allegiance, have an equitable claim to 
the full enjoyment of the fundamental rules of the British constitution ; that it is an essential un- 
alterable right in nature, ingrafted into the British constitution as a fundamental law, and ever 
held sacred and irrevocable by the subjects within the realm, that what a man hath honestly ac- 
quired is absolutely his own, which he may freely give, but cannot be taken from him, without his 
-consent; that the American subjects may therefore, exclusive of any consideration of charter 
rights, with a decent firmness adapted lo tKp character of freemen and subjects, assert this natural 
and constitutional right. 

" It is moreover their humble opinion, which they express with the greatest deference to the 
wisdom of the parliament, that the acts made there, imposing duties on the people of this province, 
with the sole and express purpose of raising a revenue, are infringements of their natural and 
constitutional rights ; because, as they are not represented in the British parliament, his majesty's 
commons in Britain, by those acts, grant their property without their consent. 

" This house further are of opinion, that their constituents, considering their local circumstances, 
cannot by any possibility be represented in the parliament ; and that it will forever be impractica- 
ble, that they should be equally represented there, and consequently not at all, being separated by an 

The 12 Oar. 2. Prohibited tlie colonies from exporting sugar, tobacco, cotton, -wool, ginger, and 
dye ivoods, except to England only ; the 3 and 4. ann added rice, and molasses. 

IS Car. 2. Prohibited the importation of any European goods into the colonies, except in English 
built shipping, -whereof the master and three fourths of the mariners -were to be English. 

7 and 8 W. Prohibited the exportation of colonial produce, in foreign ships. 

8 Geo. 1. Required all furs to be stnt Jrom the coknies to England. 

5 Geo. 2. 7. 8. Hats not to be exported from the colonies : nor from one colony to another: nor 

hatters in the plantations, to have more than 2 apprentices ; nor employ negroes. 
23 Geo. 2. Slitting mills, steel furnaces, &c. not to be erected in the Colonies. 

These and many other acts, -were passed, which -went to restrain sliip building, and manufac- 
tures ; and forcing all the rata materials of the colonies to the British market, and the consump- 
tion of all her manufactures upon the colonies. These acts -were passed -without their consent 
in parliament, and full as grievous as revenue la-ws ; — as much so as the sugar act of 1764, 
the stamp act of If 65, and the glass, paper, and tea act, of 1767. And a vast many British 
statutes existed, laying heavy duties on the export of British goods, to tax the colenies: this 
was a direct revenue paid by the Americans in England, they could not avoid ; for they -were 
obliged to import from Britain; and yet it ivas imposed on them, without their consent in par- 
liament : in truth the objection of not " consenting," went the whole length of questioning British 
supremacy ; and could only be consistent with entire independence ; and the American colonies 
soon discovered this, and laying aside all idle distinctions, being also abused, maltreated and 
oppressed, resorted to the only remedy for inherent and growing evils, " to fight their way to 
independence," and it was not long before the question about " tea" produced this alternative. 

To this long note, it does not seem useless to add the following : — The act of 33 Geo. 2. [1733.] 
which laid duties on foreign rum, sugar, and molasses, imported into the colonies, is remarkable 
for giving jurisdiction, of seizures on land, as also of pecuniary penalties under it to the courts 
of admiralty, and it was followed up by the sugar act of 1764, the " stamp" and "glass" acts .- 
JPossibfy, acts preceding that of 1733, concerning trade, had done so ,- there were many latere 



54 [1768, Feb.] HISTORICAL NOTES, &c. ! 

ocean of a thousand leagues : that his majesty's royal predecessors, for this reason, were graciously i 
pleased to form a subordinate legislative here, that their subjects might enjoy the unalienable I 
right of a representation. Also, that, considering the utter impracticability of their ever being , 
fully and equally represented in parliament, and the greater expense that must unavoidably attend > 
even a partial representation there, this house think, that a taxation of their constituents, even 
without their consent, grievous as it is, would be preferable to any representation that could be 
admitted for them there. 

" Upon these principles, and also considering that were the right in the parliament ever so clear, 
yet for obvious reasons it would be beyond the rule of equity, that their constituents should be 
taxed on the manufactures of Great Britain here, in addition to the duties they pay for them in 
England, and other advantages arising to Great Britain from the acts of trade ; this house have pre- 
ferred a humble, dutiful, and loyal petition to our most gracious sovereign, and made such repre- 
sentation to his majesty's ministers, as they apprehend would tend to obtain redress. 

** They have also submitted to consideration, whether any people can be said to enjoy any de- 
gree of freedom, if the crown, in addition to its undoubted authority of constituting a governor, 
should appoint him such a stipend as it shall judge proper, without the consent of the people, and at 
their expense ; and whether, while the judges of the land, and other civil officers, hold not their 
commissions during good behaviour, their having salaries appointed for them by the crown, inde- 
pendent of the people, hath not a tendency to subvert the principles of equity, and endanger the 
happiness and security of the subject. 

" In addition to these measures, the house have written a letter to their agent Mr. de Berdt, 
the sentiments of which he is directed to lay before the ministry; wherein they take notice of the 
hardship of the act for preventing mutiny and desertion, which requires the governor and council 
to provide enumerated articles for the king's marching troops, and the people to pay the expense : 
and also the commission of the gentlemen, appointed commissioners of the customs to reside in 
America, which authorises them to make as many appointments as they think fit, and to pay the 
appointees what sums they please, for whose mal-cop<*««i the 7 are not accountable ; from whence 
it may happen, that officers of the crown may *>e multiplied to such a degree, as to become dan- 
gerous to the liberties of the people, by virtue of a commission which doth not appear to this 
house, to derive any such advantages to trade as many have been led to expect. 

"These are the sentiments and proceedings of the house, and as they have too much reason, 
to believe that the enemies of the colonies, have represented them to his majesty's ministers and 
the parliament . as factious, disloyal, and having a disposition to make themselves independent of 
the mother country, they have taken occasion in the most humble terms, to assure his majesty 
and his ministers, that, with regard to the people of this province, and as they doubt not, of all 
the colonies, the charge is unjust. 

" The house is fully satisfied, that your assembly is too generous and enlarged in sentiment to 
believe, that this letter proceeds from an ambition of taking the lead^ or dictating to the other 



before that of 33 Geo. 2. [1733.] in operation in the colonies, regulating- importations &c. a?id 
forming- a custom house establishment; — -which related to certain duties payable on imports and 
exports permitted with foreign states, and considered as mere commercial regidations. 

The veiling of jurisdiction in courts of admiralty, in those cases, was a great innovation on 
the common lain. 

hi England to this day, no seizures on land under the customs, or excise laws, are triable in 
the exchequer, or any courts but by jury, if there is a claim, and persisted in, — nor in any case 
where pecuniary penalties recoverable in the admiralty ; yet doubtless it was found necessary, 
in the colonies: the courts of admiralty could more effectually, and speedily execute the revenue 
laws, and were more immediately under the influence of the executive government — to coun- 
teract the known disposition of juries which prevailed, to evade the imposts. 

In practice, the system had been found so beneficial for the revenue, that the constitution of 
theXi. States vested the admiralty courts with jurisdiction, in all cases of syec&ck forfeitures, 
and seizing on la7id, as well in revenue as in many other cases ; though in regard to pecuniary 
penalties they are only recoverable at laxo. 

I mast mention here, that some confusion is apt to arise from the manner of quoting English 
statutes, in respect to time : Thus the "sugar" act, is quoted [9 Stats. p. 152.] 4 Geo. 3. c. 15. 
1763. — yet in fact was passed Ap. 6, 1764. — This discrepancy, arises from the doctrine, that acts 
of parliament relate to the first day of the session; no notice was then taken, of the day of the 
month and year, when the royal assent was given, from which it became a laxo. If a session 
begun as it did in this instance, Nov. 16, 17G3, all t lie acts of that session, though it run into 
1764. and through the whole year, would be quoted acts of 1763. 

This was altered by 33 Geo. 3. c. 13. which requires' the date of the royal assent, to be en- 
dorsed, andmakes that the commencement of the law, 6 Bac. 370. Jf'il. Edit. 



1 

( [1768, April.] HISTORICAL NOTES, &c. 35 

I assemblies ; they freely submit their opinion to the judgment of others ; and shall take it kind in 

f your house to point out to them any thing further, that may be thought necessary. 

" This house cannot conclude, without expressing their firm confidence in the king, our common 

J head and father, that the united and dutiful supplications of his distressed American subjects, wilt 

j meet with his royal and favourable acceptance.' 

" To avoid what might give to these measures, taken in defence of rights believed to be the 
most clear and the most sacred, the appearance of systematick opposition to the British govern- 
ment, the house, soon after concluding their circular letter, called up a requisition of the governor 
to make a further provision for one of the king's garrisons within the province ; which without 
acknowledging the obligations of the mutiny act, they of their free accord, instantly complied with. 
Soon afterwards, the governor prorogued the general court. This measure was accompanied by 
an angry speech, but little calculated to diminish the resentments of the house directed personally 
against him ; resentments occasioned as well by the haughtines of his manners, and a persuasion 
that he had misrepresented, in his letters to ministers, their conduct and opinions, as by the un- 
popular course his station at present required him to pursue. 

" The circular letter of the house of representatives of Massachusetts was extremely well receiv- 
ed in the other colonies. They generally approved the measures of opposition which had been 
taken, and readily united in them. They too petitioned the king against the obnoxious acts of 
parliament, and instructed their several agents to use all proper means to obtain their repeal. 
Virginia transmitted to her sister colonies a statement of her proceedings, and in the letter to 
Massachusetts, communicating the representation made by the house of burgesses to parliament, 
they say, f that they do not affect an independency of their parent kingdom, the prosperity of 
which they are bound, to the utmost of their abilities, to promote ; but cheerfully acquiesce in the 
authority of parliament to make laws for preserving a necessary dependence, and for regulating 
the trade of the colonies : yet they cannot conceive, and humbly insist it is not essential, to support 
a proper relation between the mother country and colonies transplanted from her, that she should 
have a right to raise money from them without their consent, and presume they do not aspire 
to more than the rights of British subjects when they assert, that no power on earth has a right 
to impose taxes on the people , or take the smallest portion of their property, -without their consent, 
given by their representatives in parliament. This has ever been considered as the chief pillar 
of the constitution ; without this support, no man can be said to have the least shadow of liberty ; 
since they can have no property in that, which another can by right take from them when he 
pleases, without their consent 

" In this letter too, the house of burgesses, after reprobating the act imposing duties on glass, &C. 
express their opinion concerning the mutiny act in the following terms. 'The act suspending the 
legislative power of New York, they consider as still more alarming to the colonies, though it has 
that single province in view. If parliament can compel them to furnish a single article to the 
troops sent over, they may, by the same rule, oblige them to furnish clothes, arms, and every 
other necessary, even the pay of the officers and soldiers ; a doctrine replete with every mischief, 
and utterly subversive of all that's dear and valuable ; for what advantage can the people of the 
colonies derive, from their right of choosing their own representatives, if those representatives 
when chosen, he not permitted to exercise their own judgments, be under a necessity (on pain of 
being deprived of their legislative authority) of enforcing the mandates of a British parliament' 

[April 22.] " On the first intimation of the measures taken by Massachusetts, the earl of 
Hillsborough, who had been appointed, about the close of the year 1767, to the then newly crea- 
ted office of secretary of state, for the department of the colonies, addressed a circular letter to 
the several governors, to be laid by them before the assemblies of their respective colonies, in 
which he treats the circular letter of Massachusetts, as being of the most dangerous and factious 
tendency, calculated to inflame the minds of his majesty's good subjects in the colonies, to pro- 
mote an unwarrantable combination, to excite and encourage an open opposition to and denial of 
the authority of parliament, and to subvert the true principles of the constitution ; and he endea- 
vours to prevail with them to treat with a proper resentment, what he terms « such an unjustifi- 
able attempt to revive those distractions, which have operated so fatally to the prejudice of the 
colonies, and of the mother country ;' but in any event not to take part with Massachusetts by 
approving such proceedings. 

" Far from producing the desired effect, this letter of the earl of Hillsborough rather served 
to strengthen the determination of the colonies, to unite in their endeavours for the purpose of 
obtaining a repeal of the laws so universally detested; and they declared, that they coald not ecu- 



36 [1768, June.] HISTORICAL NOTES, &c. 

sider as an unwarrantable combination, a concert of measures to give weight and efficacy i& 
their representations in support of principles, they deemed essential to the preservation of the 
British constitution, and of British liberty. 

" It is probable that this letter was accompanied with instructions to dissolve such assemblies, as 
should refuse to comply with its recommendations, as the assemblies were generally dissolved 
on taking the same into consideration, and declining to gratify the wish expressed by his lordship I 
respecting the conduct of their sister colony. 

{June 21.] " When the general court of Massachusetts was again convened, governor Bernard i 
laid before the house of representatives an extract of a letter from the earl of Hillsborough, com- ' 
municating the great concern of his majesty, that * a house at the end of a session, should have i 
presumed to revert to, and resolve upon a measure of so inflammatory a nature, as that of writing > 
to the other colonies, on the subject of their intended representations against some late acts i 
of parliament.' After stating the opinion, entertained by the crown, of this measure, in terms I 
similar to those used in his circular letter, and expressing the opinion that the resolutions were i 
passed by surprise, and against the sense of the assembly, he declares it to be ' the king's plea= | 
sure' that the governor ' should require the house of representatives, in his majesty's name, to | 
rescind the resolution which gave birth to the circular letter from the speaker, and to declare > 
their disapprobation of and dissent from that rash and hasty proceeding.' 

{June 23.] "This message unavoidably produced a considerable degree of agitation; but ! 
without coming to any resolution on it, the house requested the governor to lay before them I 
the whole of the letter of the earl of Hillsborough, and also copies of such letters as had been i 
written by his excellency to that nobleman, on the subject to which the message referred. 

[ June 24.] " The letters written by the governor were haughtily refused, but the residue of j 
that from the earl of Hillsborough was laid before them. That minister says, ' if, notwithstand- 
ing the apprehensions which may justly be entertained of the ill consequence of a continuance of 
this factious spirit, which seems to have influenced the resolutions of the assembly at the conclu- 
sion of the last session, the new assembly should refuse to comply with his majesty's reasonable 
expectation, it is the king's pleasure, that you immediately dissolve them.' 

" In a subsequent part of the letter, the governor is assured that ' a faithful discharge of duty 
shall not operate to his prejudice, or to the discontinuance of any necessary establishments.' 

{June 28. ] " No immediate answer being returned to these communications, the governor 
pressed the house to a decision on them ; adding, that he * could not admit of a much longer de= i 
lay, without considering it as an answer in the negative.' 

" The next day the house requested a recess, that they might consult their constituents on the | 
requisition made, in consequence of the earl of Hillsborough's letter. This being refused, {June30~\ 
a letter to the earl was reported and agreed to by a majority of ninety -three to thirteen, in which 
they say, ' the house are humbly of opinion, that a requisition from the throne of this nature to a 
British house of commons, has been very unusual, perhaps there has been no such precedent since 
the revolution. If this be the case, some very aggravated representations of this measure must 
have been made to his majesty, to induce him to require of this house, to rescind a resolution of a 
former house, upon pain of forfeiting their existence ; for, my lord, the house of representatives 
duly elected, are constituted by the royal charter, the representative body of his majesty's faithful II 
commons of this province, in the general assembly.' 

" They defend, in strong and manly, but decent terms, their circular letter ; and then proceed 
to say, ' an attempt my lord, to impress the royal mind with a jealousy of his faithful subjects, for 
which there are no just grounds, is a crime of the most malignant nature, as it tends to disturb 
and destroy that mutual confidence between the prince and.the subject, which is the only true basis 
of publick happiness and security. Your lordship, upon inquiry, may find that such base and 
wicked attempts have been made.' 

" After stating the inexpressible grief of the people of the province, to find repeated censures 
falling on them ' not from ministers of state alone, but from majesty itself,' and saying that there 
was ' no evil in life which they felt more sensibly than the displeasure of their sovereign,' they 
state, their proceedings relative to the circular letter, so as to show the propriety and regularity of 
their conduct on that subject ; and say that * the house humbly rely on the royal clemency, that 
to petition his majesty, will not be deemed by him to be inconsistent with a respect to the British 
constitution, as settled at the revolution by William III. that to acquaint their fellow subjects in- 
volved in the same distress, of their having so done, in full hopes of success, even if they had invi- I j 
led the union of all America in one joint supplication, would not be discountenanced by our gra« j 



[1768, July.] HISTORICAL NOTES, &c. S7 

eious sovereign, as a measure of an inflammatory nature. That when your lordship shall injus- 
tice lay a true state of these matters before his majesty, he will no longer consider them as tending 
to create unwarrantable combinations, or excite an unjustifiable opposition to the constitutional 

| authority of parliament ; that he will then truly discern, who are of that desperate faction which 
is continually disturbing the publick tranquillity ; and that, while his ai m is extended for the pro. 

J tection of his distressed and injured subjects, he will frown upon all those, who, to gratify their 

| own passions, have dared to attempt to deceive him.' 

I " The question was then put, whether the house would rescind the resolution on which their 

1 eircular letter was founded ? and it passed in the negative, by a majority of ninety-two to 

I seventeen. 

[July 1/j " A letter to the governor was then prepared, stating their motives for refusing to 

; comply with the requisition to rescind their resolution, immediately after receiving which they 

J were prorogued, and the next day they were dissolved by proclamation. 

" While the opposition was thus conducted by the legislature, with temperate firmness, and 

[ with the use only of legitimate means, the general irritation occasionally broke out in the town 

i of Boston in acts of violence, denoting evidently that the body of the people, at least in that place, 

I were prepared for much stronger measures than their representatives had pursued. 

" The seizure of the sloop Liberty, belonging to Mr. Hancock, by the collector and comptroller 
of the customs, occasioned the assemblage of a tumultuous mob, who beat the officers and those 
who assisted them, took possession of a boat belonging to the collector, which they burnt in tri- 
umph, and patrolled the streets for a considerable length of time. The revenue officers, fearing 
for their safety, took refuge, first on board the Romney man of war, and afterwards in castle 
William. After a considerable length of time had elapsed, die governor moved the council to 
take into consideration some measure for restoring vigour and firmness to government. To this 
application the council made a reply, in which they state, < that the disorders which happened 
were occasioned, by the violent and unprecedented manner in which the sloop Liberty had been 
seized, by the officers of the customs.' And the inhabitants of Boston, in a justificatory memo- 
rial, supported by affidavits, say, ' the principal occasion of the late tumults arose, from the haugh- 
ty conduct of the commissioners and other officers appointed by them. The Romney man of 
war, having moored before the town, intimidated the coasting vessels bringing provisions, fire- 
wood, &c. committed many acts of violence and outrage, and in particular, by cutting away a 
vessel from Mr. Hancock's wharf, detaining her several days, without any legal proceeding filed 
against her, &c. This irritated the people, who patrolled the streets in a tumultuous manner, 
broke several windows to the value of about five pounds sterling, burnt a pleasure boat belonging 
to the collector, and then dispersed at about eleven o'clock at night.' 

" A petition, presented to the governor by the inhabitants assembled in a town meeting, a few 
days after this event, praying the removal of the Romney; after representing the grievances of 
which the people complained, and the remon-trauces which had been transmitted to parliament, 
and the petitions to the throne, proceeds to state; "that they had waited the effect of these applica- 
tions with the greatest attention to the publick peace, until they found themselves invaded with 
an armed force, seizing, impressing, and imprisoning the persons of their fellow subjects, contra- 
ry to express acts of parliament. 

" Menaces, they said had been thrown out, fit only for barbarians, which already affected them 
in a most serious manner, and threatened them with famine and desolation ; as all navigation was 
obstructed, upon which alone their whole support depended, and the town was, at that crisis, in 
a situation nearly such, as if war was formally declared against it." 

" Although the people thus justified, or rather excused this act of violence, the legislature did 
not think proper to afford it their countenance. A committee of both houses, appointed to inquire 
into the state of the province, after reprobating in their report the circumstances attending the 
seizure, to which they attribute the mob which was collected, declare their utter abhorrence and 
detestation of a procedure which they pronounce to be very criminal; and desire the governor 
to direct the attorney general, to prosecute all persons concerned in the riot. They also request- 
ed that a proclamation might be issued, offering a reward to any person who should make dis- 
coveries, by which the rioters or their abettors might be brought to condign punishment. 

" This report, however, seems to have been rather intended to save appearances, than to have 
produced any real effect corresponding with the sentiment it expressed. It was perfectly under- 
stood, that no person would dare to inform, or even to appear as a witness in any prosecution which 
might be instituted by the attorney general; and as if completely to prevent further proceedings, 



3.8 [1768, Sep.] HISTORICAL NOTES, kc. 

several persons* who had been active in producing the riots, were placed on the grand jury for the 
succeeding term. Suits were afterwards instituted against Mr. Hancock and others, owners cf | 
the vessel and cargo ; but, as it was thought unsafe to hazard the trial of them, they were neve? j 
prosecuted to a final decision.(t) 

« This riot, which completely demonstrated the impracticability of executing, by ordinary means> 
the obnoxious laws which government seemed determined to enforce, though it might not oeca- i 
sion, certainly accelerated a measure, which tended in no inconsiderable degree, to irritate stilt 
further, the angry dispositions already so prevalent in Boston. 

•'Representations had already been made by the governor to administration, stating the ne- j 
cessity of stationing a military force in the province, for the protection of the officers employed in i 
collecting the revenue, and of the magistrates in preserving the publick peace ; and orders to j 
detach at least one regiment on that service, had already [ June 8.] been given by lord Hills- 
borough to general Gage, who was directed to select for the command of it, an officer, on whose j 
prudence, resolution, and integrity, he could entirely rely. The transactions respecting the seizure 
of the sloop Liberty, rendered any attempt to produce a countermand of these orders entirely ! 
abortive, and probably was the cause that two regiments instead of one, were detached by gene- 
ral Gage. 

[Sep. - ] "Before the arrival of this military force, the governor had used expressions intimating | 
that it might be expected ; in consequence of which, a committee of the inhabitants was deputed j 
in a town meeting, to wait on his excellency, and know on what the suspicions he had expressed 
were founded, and also to pray him to convene another general assembly. 

"The answer of the governor confirmed their fears respecting a military force, though he 
assured them, that he had no official communication on the subject ; and contained also the infor- 
mation, that no other assembly could be convoked, until his majesty's commands for that purpose 
should be received. 

"It seems to have been supposed, that a dissolution of the assembly of Massachusetts, would \ 
dissolve also the opposition to the measures of administration ; and that the people, having no j 
longer constitutional leaders, being no longer excited and conducted by their representatives, ! 
would gradually become quiet, and return to what was termed, their duty to government. But ; 
the opinions expressed by the house of representatives, were the opinions of the great body of the 
people, and had taken too deep root to be so readily suppressed. The most active and energetick 
part of society had embraced them with enthusiasm, and the dissolution of the assembly, only ] 
created a necessity for devising others, perhaps more efficient expedients, and hastened a mode 
of conducting their opposition, which was afterwards universally adopted. 

[Sep- 12.] "The answer of the governor to their message being reported, the meeting imme- 
diately proceeded to resolve, « that to levy money within that province by any other authority 
than that of the general court, was a violation of the royal charter, and of the undoubted natural 
rights of British subjects. 

"That the freeholders, and other inhabitants of the town of Boston would, at the peril of 
their lives and fortunes, take all legal and constitutional measures to defend all and singular the i 
rights, liberties, privileges, and immunities, granted in their royal charter. 

"That, as there was an apprehension in the minds of many of an approaching war with France, 
those inhabitants, who were not provided with arms, should be requested duly to observe the 
laws of the province, which required that every householder should furnish himself with a com- 
plete stand.' 

" They further resolved, 'that as the governor did not think proper to call a general court for 
the redress of their grievances, the town would then make choice of a suitable number of per-! 
sons, to act for them as a committee in a convention, to be held at Faneuil hall in Boston, with such 
as might be sent to join them from the several towns in the province.' 

" These votes were, at the desire of the meeting, communicated by the select men in a circular 
letter to the other towns in the province, which were invited to concur in them, and to elect com- 
mittee men who should meet those of Boston, in convention. 

[Sep. 22.] " The measure was very generally adopted, and a convention assembled, which wa 
regarded with all the respect that could have been paid to a legitimate assembly. 

"The country in general, though united on the great constitutional question of taxation, was 
probably not exasperated to the same point with the people of Boston } and the convention appears 

(I) This affair of the Sloop Liberty, took place, June 10.- Tlie report of the committee was 
■made, June 30 .■ just bejorc the dissolution of the house. 



[1768, Oct.! HISTORICAL NOTES, &c; S9 

to have acted with unexpected moderation. They disclaimed all pretensions to any other char- 
acter than that of mere individuals, assembled by deputation from the towns, to consult and advise 
on such measures as might tend to promote the peace and good order of his majesty's subjects 
J| in the province, but without power to pass any authoritative, or governmental acts. 

"They petitioned the governor to assemble the general court, and addressed a letter to the agent 

for the province in England, stating the character in which they met, and the motives which 

j| brought them together. After expressing their opinions with temper and firmness, on the sub- 

jects generally complained of, and recommending to the people patience, and regard to good or- 

| tier, they dissolved themselves, and returned to their respective homes. 

" The report that the two regiments were ordered to Boston, had spread through the country, 
I and some hints which had been thrown out, seem to have created an apprehension, that the more 
j| violent part of the town would oppose their landing, and precipitate the province into a civ- 
| il war. 

[Sep. 28.] « The day before the convention rose, two British regiments, (1) commanded by 
I: colonel Dalrymple, arrived under convoy in Nantasket roads. The application of the governor 
ji to the council, to provide quarters for them in Boston, had been rejected, because there were 
j barracks sufficient for their reception in the castle; and by act of parliament, the British troops 
'j were to be quartered no where else, until those barracks should be full. But a report having 
i prevailed, that the people about Boston were in a state of open revolt, general Gage, who had orig- 
| inally directed one regiment to be stationed in the town, transmitted such orders as, combined, 
with the threats which had been uttered of opposing the debarkation of the troops, induced the. 
commanding officer to determine, to land both regiments in Boston. 

[October 1.] The fleet, therefore, was put in motion, and took a station which commanded 
the whole town. The ships of war lay with their broad sides towards the town, with springs on 
their cables, and their guns ready for firing on the place, should any resistance be attempted- 
These formidable preparations having been made, the troops began to land about one o'clock in 
the afternoon, under cover of the cannon of their ships. This being effected without experiencing 
any opposition, they marched into the common with loaded muskets and fixed bayonets, in all 
that military pomp and parade which indeed are usual on such occasions, but which were believed 
by the inhabitants to be then displayed, for the purposes of intimidation or irritation. 

" The select men, as well as the council, having refused to provide quarters in town f op the 
troops, the state house was, by order of the governor, opened for their reception, and they ^ -^ 
possession of all the apartments belonging to it, except that which was reserved for the council j 
and two field pieces, with the main guard, were stationed just in its front. The utmost indignation 
and disgust were excited among the people, at seeing the chamber of their representatives filled 
with regular soldiers, their councillors surrounded with foreign troops, and their whole city ex- 
hibiting the appearance of a garrisoned town. The inhabitants complained too, of being challen- 
ged as they passed and repassed ; and the devout were disturbed by military musick, which often 
offended their ears during divine service. With the difference of manners between the soldiers 
and the inhabitants of the town, and the strong prejudices reciprocally entertained against each 
ether, it is not wonderful that personal broils should frequently occur, and that mutual antipathies, 
already so strong, should be still further increased. (2) 

" While these measures were pursuing in America, every session of parliament was opened 
with information from the king, that a disposition to refuse obedience to the laws, and to resist 
the authority of the supreme legislature of the nation, still prevailed among his misguided subjects 
in some of the colonies. In the addresses answering the speeches from the throne, both houses 
uniformly expressed their abhorrence, of the rebellious spirit manifested in the colonies, and their 
approbation of the measures taken by his majesty, for the restoration of order and good gov- 
ernment. 

»« To give a more solemn expression to the sense of parliament on this subject, joint resolutions 
of both houses were at length entered into, condemning in the strongest terms, the measures pur- 
sued by the Americans ; and an address was likewise agreed on, approving the conduct of the 
crown, giving assurances of effectual support to such further measures, as might be found necessary 
to maintain the civil magistrates, in a due execution of the laws within the province of Massa- 
chusetts bay ; and beseeching him to direct the governor of that colony, to obtain and transmit to 

(1) From Halifax, by order of Gen. Gage acting under the instructions of lord Hillsborough. 

(2) Minot. 



40 [1769, Feb.] HISTORICAL NOTES, &c. 

his majesty, information of all treasons committed in Massachusetts since the year 176', with the 
names of the persons who had been most active in promoting such offences, that prosecutions 
might be instituted against them within the realm,(l') in pursuance of the statute of the 35th 
of Henry VIII. 

The joint resolutions op the lords and commons were these, 

"Resolved, by the lords spiritual and temporal in parliament assembled, that the votes, reso- 
lutions, and proceedings, of the house of representatives of Massachusetts Bay, in the month of 
January and February last, respecting several late acts of parliament, so far as the said votes, \ 
resolutions, and proceedings, do import a denial of, or to draw into question, the power and au- 
thority of his majesty, by and with the advice and consent of the lords spiritual and temporal, and 
the commons, in parliament assembled, to make laws and statutes of sufficient force and validity, 
to bind the colonies and people of America, subjects to the crown of Great Britain, in all cases 
whatsoever ; are illegal, unconstitutional, and derogatory of the rights of the crown and parliament \ 
of Great Dritain. 

" Resolved, by the lords spiritual and temporal in parliament assembled, that the resolution of 
the said house of representatives of the province of Massachusetts Bay, in January last, (2) to \ 
write letters to the several houses of representatives of the British colonies on the continent, desiring 
them to join with the said house of representatives of the province of Massachusetts Bay, in | 
petitions which do deny or draw into question the right of parliament, to impose duties and taxes j 
upon bis majesty's subjects in America ; and in pursuance of the said resolution, the writing such 
letters, in which certain late acts of parliament, imposing duties and taxes, are stated to be in- j 
fringements of the rights of his majesty's subjects of the said province, are proceedings of a most ; 
unwarrantable and dangerous nature, calculated to inflame the minds of his majesty's subjects 
in the other colonies, tending to create unlawful combinations, repugnant to the laws of Great : 
Britain, and subversive of the constitution. 

" Resolved, by the lords spiritual and temporal in parliament assembled, that, in these circum- ' 
stances of the province of the Massachusetts Bay, and of the town of Boston, the preservation of | 
the publick peace, and the due execution of the laws, became impracticable, without the aid '■■ 
of a military force to support and protect the civil magistrates, and the officers of his majesty's > 
revenue. 

" Resolved, by the lords spiritual and temporal in parliament assembled, that the declarations, 
f eso |utions, and proceedings, in the town meetings at Boston on the fourteenth of June, and 
twelfth of September, were illegal and unconstitutional, and calculated to excite sedition and, 
insurrections in his majesty's province of Massachusetts Bay. 

" Resolved, by the lords spiritualand temporal inparliament assembled, that the appointment at 
the town meeting of the twelfth of September, {?>) of a convention to be held in the town of Boston 
on the 22d of that month, to consist of deputies from the several towns and districts in the province 
of the Massachusetts Bay ; and the issuing a precept, by the select men of the town of Boston, 
to each of the said towns and districts for the election of such deputies, were proceedings subver- 
sive of his majesty's government, and evidently manifesting a design, in the inhabitants of the 
said town of Boston, to set up a new and unconstitutional authority, independent of the crown of 
Great Britain. 

" Rhsolved, by the lords spiritual and temporal inparliament assembled, that the elections by 
several towns and districts in the province of Massachusetts Bay, of deputies to sit in the same 
convention, and the meeting of such convention in consequence thereof, were daring insults offered 
to his majesty's authority, and audacious usurpations of the powers of government. [Passed 
9th Feb. 1769.] 

" These resolutions originated in the house of lords, and passed both houses by immense majori- 
ties. In the debate in the house of commons, Col. Barre! commented with great force on their 
being levelled particularly at Massachusetts, when the offence of resistance was common to all the 
colonies. He said, « away with these partial resentful trifles, calculated to irritate, and not to 
quell or appease : inadequate to their purpose, unworthy of us ! why will you endeavour to 
deceive yourselves and us ? you know that it is not this place only which disputes your right, but 
every part. They tell you that you have no right, from one end of the continent to the other. 
My sentiments of this matter you well know. Consider well what you are doing. Act openly 
and honestly. Tell them, you will tax them ; and that they must submit. Do not adopt this little, 
insidious, futile plan ; they will despise you for it.' 

(I) England. (2) See ante p. 52. (3) Ante p. 40.; 



I [1769, May.] HISTORICAL NOTES, &c. 41 

" These threatening declarations, which seem to have been particularly directed against Mas* 

; sachusetts'Bay, in the hope that the other provinces might be deterred from involving themselves 

in her dangers, made no impression on the colonists, in any degree favourable to the views of the 

| mother country. Their resolution to resist the exercise of the authority claimed by Great Britain, 

! not only remained unshaken, but manifested itself in a still more determined form. 

[_M<iy 16.] " Not long after these votes of the British parliament, the assembly of Virgin" 

; ia was convened by lord Botetourt, a nobleman of the most conciliating and popular manners, 

I who bad recently been appointed governor of that colony. A copy of the proceedings having 

I already been received, the house took into their immediate consideration the state of the colony, 

| and passed unanimously several resolutions, asserting in the most decisive terms, the exclusive 

; right of that assembly to impose taxes on the inhabitants within his majesty's dominions of Vir- 

I ginia, and their undoubted right to petition for a redress of grievances, and to obtain a concur- 

' renee of the other colonies in such petitions. Alluding particularly to the joint address of the two 

j houses to the king, they also resolved, 'that all persons charged with the commission of any offence 

j within that colony, were entitled to a trial before the tribunals of the country, according to the 

fixed and known course of proceeding therein, and that to seize such persons and transport them. 

beyond sea for trial, derogated in a high degree from the rights of British subjects, as thereby the 

inestimable privilege of being tried by a jury from the vicinage, as well as the liberty of summoa- 

ing and producing witnesses on such trial, will be taken away from the party accused.' 

" An address to his majesty was also agreed on, which states in the style of loyalty and real 
attachment to the crown, the deep conviction of the house of burgesses of Virginia, that the com- 
plaints of the colonists were well founded. 

" This address manifests so clearly, the then real temper of a colony, which took a Tery active 
part in the contest with the mother country, that it cannot be entirely unacceptable to the reader. 

" To THE KING'S MOST EXCELLENT MAJESTY : 

" The humble address of his dutiful and loyal subjects, of the house of Burgesses of Ids majesty's 
ancient colony of Virginia, met in general assembly. 
"May it please your majesty, 

" We your majesty's most loyal, dutiful, and affectionate subjects, the house of burgesses of this 
your majesty's ancient colony of Virginia, now met in general assembly, beg leave, in the hum- 
blest manner, to assure your majesty, that your faithful subjects of this colony, ever distinguished 
by their loyalty and firm attachment to your majesty, and your royal ancestors, far from counte- 
nancing traitors, treasons, or misprisons of treasons, are ready at any time, to sacrifice our lives 
and fortunes in defence of your majesty's sacred person and government 

" It is with the deepest concern and most heartfelt grief, that your majesty's dutiful subjects of 
this colony find that their lojalty hath been traduced, and that those measures, which a just re- 
gard for the British constitution (dearer to them than life) made necessary duties, have been re- 
presented, as rebellious attacks upon your majesty's government. 

" When we consider that, by the established laws and constitution of this colony, the most 
ample provision is made, for apprehending and punishing all those who shall dare to engage in 
any treasonable practices against your majesty, or disturb the tranquillity of government; we 
cannot without horror think of the new, unusual, and, permit us with all humility to add, uncon- 
stitutional and illegal, mode recommended to your majesty, (1) of seizing and carrying beyond sea 
the inhabitants of America suspected of any crime, and of trying such persons in any other manner 
than by the ancient and long established course of proceeding; for how truly deplorable must be 
the case of a wretched American, who, having incurred the displeasure of any one in power, is 
dragged from his native home, and his dearest domestick connexions, thrown into a prison, not to 
await his trial before a court, jury, or judges, from a knowledge of whom he is encouraged to hope 
for speedy justice ; but to exchange his imprisonment in his own country, for fetters among stran- 
gers; conveyed to a distant laud, where no friend, no relation, will alleviate his distresses, or min- 
ister to his necessities, and where no witness can be found to testify his innocence ; shunned by the 
reputable and honest, and consigned to the society and converse of the wretched and the abandon- 
ed, he can only pray that he may soon end his misery with his life. 

" Truly alarmed at the fatal tendency of these pernicious counsels, and M'ith hearts filled with 
anguish by such dangerous invasions of our dearest privileges; we presume to prostrate ourselves 

(1) Under the Stat. 55. H. 8 c 2. by -winch, for treasons done out o/England, the party -was to 
be sent to England, there indicted and tried, before the king's bench, or commissioners appointed 
by the ki?ig.- 3 Hatch. 317. 






41 [1769, May.] HISTORICAL NOTES, &c. 

at the foot of your royal throne, beseeching your majesty, as our king and father, to avert frcr.i 
your faithful and loyal subjects of America, those miseries which must necessarily be the conse- 
quence of such measures. 

« After expressing our firm confidence of your royal wisdom and goodness, permit us to assure 
your majesty, that the most fervent prayers of your people of this colony are daily addressed to 
the Almighty, that your majesty's reign may be long and prosperous over Great Britain, and all 
your dominions; and that after death, your majesty may taste the fullest fruition of eternal bliss, 
and that a descendant of your illustrious house may reign over the extended British empire, until 
time shall be no more." 
" Most of the colonies followed Virginia in similar resolutions. 
"Intelligence of these proceedings having reached the governor, he suddenly dissolved the as- I 
sembly; the members of which then convened at a private house, and having chosen their speaker j I 
moderator, proceeded to form a non-importing association, which was signed by every person 1 1 
present; and which, being recommended by them to the people, was subscribed, almost uni- I 
versally, throughout the province. 

[ May 1 7-3 " The manner of dissolving this assembly, was long recollected in Virginia. The gov» 1 1 
ernor, suddenly appearing, addressed them in these words : ' Mr. speaker, and gentlemen of the I 
house of burgesses, I have heard of your resolves, and augur ill of their effects. You have made it 1 1 
my duty to dissolve you, and you are dissolved accordingly."(l) 

" The next month, the Maryland gentlemen and merchants entered into a non-importation I 
agreement similar to the Virginian. 
" The South- Carolinians followed the example. 

" The inhabitants of Charlestozvn broke off all commerce with the Rhode-Islanders and Geor= 
gians, whom they charged with having acted a most singularly infamous part, from the beginning 
of the present glorious struggle, for the preservation of American rights. This had its effect, and 
Georgia came into the non-importation agreement, September the nineteenth ; but Rhode-Island 
not till the thirtieth. 

u The North-Carolina assembly came to the like resolution with the Virginia house of burges- 
ses, for which governor Tryon dissolved them. Upon that, the gentlemen who had composed it, 
repaired to the court-house, chose the late speaker moderator, and came to a resolution for an 
association against importing, &c. conformable to what had been done elsewhere. Thus the non- 
importation agreement became general, and was forwarded by the very means applied for its 
prevention. Meetings of the assoeiators were regularly held. Committees were appointed to 
examine the cargoes of all vessels arriving from Britain ; and regular votes and resolutions of cen- ; I 
sure were passed in those meetings, upon such as refused to concur in the associations, and their I 
names published in the newspapers as enemies to their country. The decrees of those commit- 1 
tees, met with a respect and obedience, denied to the constitutional authority of government.(^)" ! 

" From the commencement of the controversy, the opinion seems to have prevailed extensively ! I 
throughout the colonies, that the most effectual means of succeeding in the struggle in which I 
they were engaged, were those, which would interest the merchants and manufacturers of 1 1 
Great Britain in their favour. Associations had therefore been set on foot in Massachusetts, j I 
as early as the beginning of May 1768, for the non-importation of goods from that country. I 
The merchants of some of the trading towns in the other colonies, especially those of Phila- I 
delphia, although perfectly according with their countrymen in opposing the claims of the mother I 
eountry, refused at that time to concur in a measure, which they deemed too strong for the [ I 
existing state of things, and it was, for the moment, laid aside. But in the beginning of August, \ I 
it was resumed in Boston, and the merchants of that place generally entered into an agreement, I 
not to import from Great Britain any articles whatever, except a few of the first necessity, be- I 
tween the first of January 1769, and the first of January 1770; and not to import tea, glass, I 
paper, or painters colours, until the duties imposed on those articles should be taken off". This 1 1 
agreement was soon afterwards adopted in the town of Salem, the city of New York, and the j 
province of Connecticut; but was not, however, generally entered into through the colonies, until I 
the resolutions and address of the two houses of parliament, which have already been mentioned, 
seemed to cut off the hope, that petitions and memorials would alone effect the object for which 
they contended. 

•'The proceedings of the house of burgesses of Virginia, which took place very soon after the 
intelligence of those resolutions and that address had reached America, were, by order of the house^ 

(1) Marsh. (2) Gord. 



I [1769, July.] HISTORICAL NOTES, &c. 43 

I transmitted by their speaker to the speakers of the several assemblies throughout the continent. 
! The occasion seemed, in the opinion of the neighbouring colonies, to require measures of greater? 
i energy than had heretofore been adopted ; and an association, similar to that which had been formed 
'| by their elder sister, was entered into by Maryland, North, and South Carolina, as before stated. 

" In Portsmouth in JVew Hampshire, where Mr. Wentworth, a very popular governor, pos- 

j sessed great influence, there was also discovered a considerable degree of reluctance at adopting 

this measure ; but being threatened with a suspension of their whole intercourse with the othep 

j colonies, the merchants of that place likewise, following the example so generally set them, 

\ joined in an association similar to that which had been elsewhere very generally adopted. 

" All ranks and conditions of persons united in giving effect to this agreement. The utmost 

I exertions were used to improve the manufactures of the country ; and the fair sex, laying aside 

j the late fashionable ornaments of England, exulted, with patriotick pride, in appearing dressed 

with the produce of their own looms. Committees chosen by the people, superintended every 

where the importations which were made, and the force of publick opinion secured, in a great 

degree, from violation, the associations which had been formed. 

[May 31.] " The situation of that province rendering a legislative grant of money neeessary 
for the purposes of government, the general court of Massachusetts was again convened. The 
members of the former house of representatives were generally re-elected, and brought with 
them the temper which had occasioned their dissolution. Discovering no disposition to enter on 
the business for which they were called together, they immediately engaged in a controversy 
with the governor,(l) concerning the removal of the ships of war from the harbour, and troops 
from the town of Boston, which, as the representative of the crown, they insisted on his power 
to do. 

[June 13.] "In the expectation that, by removing the general court from a place where the 
members were, by the great influence of the metropolis, excited to and supported in the system 
they had adopted, they might be induced to enter on the ordinary business of the country, the 
governor adjourned them to meet at Cambridge. 

" Far from producing the intended effect, this measure served to increase the existing irrita- 
i tion. The business recommended to them, remained for some time unnoticed ; their altercations 
with the governor continued, and they entered into several warm resolutions, enlarging the ca- 
talogue of grievances, and expressed in terms of infinitely greater exasperation, than had hereto- 
fore appeared in the official acts of any legislature on the continent. 
[July 7.] " The following are the resolutions alluded to. 

" The general assembly of this his majesty's colony of Massachusetts Bay, convened by his 
majesty's authority, by virtue of his writ issued by his excellency the governor, under the great 
seal of the province ; and this house thinking it their duty, at all times, to testify their loyalty to 
his majesty, as well as their regard to the rights, liberties, and privileges of themselves and their 
constituents, do pass the following resolutions, to be entered on the records of the house. 

"Resolved, that this house do, and ever will, bear the firmest allegiance to our rightful sover- 
eign king George III. and are ever ready, with their lives and fortunes, to defend his majesty's 
person, family, crown and dignity. 

" Resolved, that this house do concur in, and adhere to, the resolutions of the house of repre- 
sentatives in the year 1765, and particularly in that essential principle, that no man can be taxed, 
or bound in conscience to obey any law, to which he has not given his consent, in person, or by 
his representative. 

(1) " This contest is thus stated by Mr, Gordon. * The general court being called together 
according to charter, a committee from the house of representatives remonstrated to his 
excellency, * that an armament by sea and land, investing this metropolis, {Boston) and a mili- 
tary guard -with cannon pointed at the door of the state house, -where the assembly is held, are 
inconsistent with that dignity and freedom, -with -which they have a right to deliberate, considt, 
and determine. They expect that your excellency will, as his majesty's representative, give 
effectual orders for the removal of the above-mentioned forces by sea and land out of this port, 
and the gates of this city, during the session of the said assembly.' The governor returned for 
answer, 'gentlemen, I have no authority over his majesty's ships in this port; or his troops in 
this town' A few days ajter receiving this answer, the house, in a message to Mm, declared 
1 the use of the military power to enforce the execution of the laws, is, in the opinion of this house, 
inconsistent with the spirit of a free constitution, and the very nature of government. The 
military force is uncontrollable by any authority in the province; it is then a power without any 
check here; and therefore it is so far absolute. What privilege — what security then, is left z# 
this house '" 



44 [1769, July.] HISTORICAL NOTES, &c. 

« Resolved, as the opinion of this house, that it is the indubitable right of the subject in general, 
and, consequently, of the colonies, jointly or severally, to petition the king for redress of grievan- 
ces ; and that it is lawful whenever they think it expedient, to confer with each other, in order 
to procure a joint concurrence, in dutiful addresses for relief from their common burdens. 

« Resolved, that governor Bernard, in wantonly dissolving the last year's assembly, and in refu- 
sing to call another, though repeatedly requested by the people, acted against the spirit of a 
free constitution ; and if such procedure be lawful, it may be in his power, whenever he pleases, to 
make himself absolute. 

" Resolved, that at a time when there was a general discontent, on account of the revenue acts ; 
an expectation of the sudden arrival of a military power, to enforce the execution of those acts ; a 
dread of the troops being quartered upon the inhabitants ; when our petitions were not permitted 
to reach the royal ear — the general court atsuch a juncture dissolved, and the governor's refusing 
to call a new one, and the people thereby reduced to almost a state of despair — at such a time it 
was innocent, if not highly expedient and necessary, for the people to convene by their commit- 
tees, in order to associate, consult, and advise the best means to promote peace and order, and by 
all lawful ways to endeavour to have their united complaints laid before the throne, and jointly to 
pray for the royal interposition, in favour of our violated rights ; nor can this procedure possibly 
be conceived to be illegal, as they exprtssly disclaimed all governmental acts. 

" Resolved, as the opinion of this house, that governor Bernard, in his letters to lord Hillsbo- 
rough, his majesty's secretary of state, has given a false and highly injurious representation of the 
conduct of his majesty's truly loyal and faithful council of this colony, and of the magistrates, 
overseers of the poor, and inhabitants of the town of Boston ; tending to bring on these respectable 
bodies, and especially on some individuals, the unmerited displeasure of our gracious sovereign, te 
introduce a military government into the province, and to mislead both houses of parliament into 
such severe resolutions, as a true, just, aud candid state of facts must have prevented. 

" Resolved, that governor Bernard, in the letters before-mentioned, by falsely representing* 
that it was become * necessary the king should have the council chamber in his own hands, and 
should be enabled by parliament to supersede, by order in his privy council, commissions granted 
in his name, and under his seal throughout the colonies,' has discovered his enmity to the true, 
spirit of the British constitution, and to the liberties of the colonies ; and particularly has meditated 
a blow at the root, of some of the most invaluable constitutional and charter rights of this province j 
the perfidy of which, at the very time he was professing himself a warm friend to the charter, is 
altogether unparallelled by any person in his station, and ought never to be forgotten. 

"Resolved, that the establishing a standing army in this colony, in a time of peace, without the 
consent of the genera! assembly of the same ; is an invasion of the natural rights of the people, as i 
well as those which they claim as free born Englishmen, and which are confirmed by magna 
eharta, and the bill of rights as settled at the revolution, and by the charter of this province. 

"Resolved, that a standing army is not known as a part of the British constitution, in any of 
the king's dominions; and every attempt to establish it as such, has ever been deemed a danger- 
ous innovation, and manifestly tending to enslave the people. 

" Resolved, that the sending an armed force into this colony, under a pretence of aiding and 
assisting the civil authority, is an endeavour to establish a standing army here without our consent, 
and highly dangerous to this people — is unprecedented and unconstitutional. His excellency 
general Gage, in his letter to lord Hillsborough, October 31st, having, among other exceptionable 
things, expressed himself in the following words: 'From what has been said, your lordship wiil 
conclude, that there has been no government in Boston ; in truth, there is very little at present, 
and the constitution of this province leans so much to the side of democracy, that the governor 
has not the power to remedy the disorders that happen in it.' 

" Resolved, as the opinion of this house, that his excellency general Gage, in this and other 
assertions, has rashly and impertinently intermeddled in the civil affairs of this province, which 
are altogether out of his department ; and in the internal police of which, by his letter, if not 
altogether his own, he has yet betrayed a degree of ignorance equal to the malice of the author. 

" With respect to the nature of our government, this house is of opinion, that the wisdom of that 
great prince, William III. who gave the charter, aided by an able ministry, men thoroughly 
versed in the English constitution and law, together with the happy effects that have been derived 
from it to the nation, as well as this colony, did place it above the reprehension of the General, 
and should have led him to inquire, whether the disorders complained of have not originated 
from an arbitrary disposition in the governor, rather than from too great a spirit of democracy in 
the people. 



[1769, July.] HISTORICAL NOTES, &c. 45 

"And this house cannot but express their concern, that too many in power both at home and 

abroad so clearly avow, not only in private conversation, but in their publick conduct, the most 

rancorous enmity against the free part of the British constitution, and are indefatigable in their 

endeavours to render the monarchy absolute, and the administration arbitrary in every part of the 

jj British empire. 

" Resolved, That this house, after the most careful inquiry, have not found any instance of the 
!| eourse of justice being interrupted by violence, even before a single magistrate, nor of any magis- 
j| trate's refusing to inquire into, or redress any complaint properly laid before him ; while it is noto- 
\ riousto all the world, that, even such acts of parliament as have been deemed by the whole conti- 
j nent highly oppressive, have been so far from being opposed with violence, that the duties imposed, 
; and rigorously exacted, have been punctually paid. 

" Resolved, that the fining in the small sum of ten pounds only, a high handed offender, viz. 
! one Fellows, in the county of Essex, who by force, and with fire arms loaded with ball and swan 
, ehot, rescued a prisoner lawfully taken by the sheriff of said county, is a grievance, and tends to 
j the encouragement of such crimes for the future. 

" Resolved, that the frequently entering noli prosequi' 's by the attorney and advocate general, 
in cases favourable to the liberty of the subject, and rigorous prosecutions by information and 
otherwise in those in favour of power, is a daring breach of trust, and an insupportable grievance 
©n the people. 

" Resolved, that it is the opinion of this house, that all trials for treasons, misprision of treason, 
or for any felony or crime whatsoever, committed or done in his majesty's said colony, by any 
person or persons residing therein, ought of right, to be had and conducted in and before his ma- 
jesty's courts held within the said colony, according to the fixed and known course of proceeding ; 
and that the seizing any person, or persons, residing in this colony, suspected of any crime what- 
soever, committed therein, and sending such person, or persons, to places beyond the sea, to be 
tried, is highly derogatory of the rights of British subjects, as thereby the inestimable privilege of 
being tried by a jury from the vicinage, as well as the liberty of summoning and producing witnes- 
ses on such trial, will be taken away from the party accused.' 

" Not long after the passage of these resolutions, the house explicitly refused to make the pro- 
vision required by the mutiny act, for the troops stationed in Massachusetts : and this being the 
object for which they were most especially convened, they were prorogued until the 10th of 
January" to meet at Boston.{Y) 

"The committees appointed to examine the cargoes of vessels arriving from Great Britain, in 
order to prevent any breach of the association, went on to execute the trust reposed in them. 

" Votes of censure were passed on such as refused to concur in that agreement, or violated its 
principles, and the names of the offenders, were published in the newspapers, as enemies to their 
country. In some cases, the goods imported in contravention of it were locked up in warehouses, 
to prevent their being sold, and in some few instances, they were re-shipped to Great Britain. 

•'Not long after the strong resolutions, which have been noticed, were agreed to by parliament; 
while their effect was unfolding itself in every part of the American continent, a disposition more 
conciliatory than had heretofore been manifested, found its way into the cabinet at St. James's. 
The duke of Grafton was placed at the head of the administration, and supported with great 
earnestness, a proposition for the repeal of all the duties imposed for the purpose of raising a 
revenue in the colonies. This moderate and judicious measure he was unable completely to carry. 
It was thought indispensable to the maintenance of the legislative supremacy of Great Britain, to 
retain the duty on some one article, and that on tea was reserved, while the others were relin- 
quished. 

" Never perhaps, did a great and wise nation adopt a more ill judged measure than this. The 

(1) Mr. Gordon's account oftMs refusal, is as follows, 

[July 12.] "The governor called upon them to ansnver, whether tliey would or -would not make 
provision for the troops. 

\\5.~\"The house, by message, after remarking upon the mutiny or billeting act, answered, 
■ As we cannot consistently with our own honour or interest, much less with the duty we owe to 
our constituents, so we never shall make any provision of funds, for the purposes in your several 
messages' Upon that the governor prorogued them to the tenth of January, to meet at Boston. 

" South- Carolina assembly, no less than the Massachusetts, ventured to disobey the mutiny act, 
and adopted similar resolutions to those of Virginia. The Maryland lower house entered partly 
into similar ones, but the last was omitted, and the first more strongly expressed. The Delaware 
counties early followed the lead of Virginia, and adopted their last resolve verbatim; and toward 
the close of the year, the New York assembly concurred in their resolves with Virginia." 

6 



4<* tW69, July.] HISTORICAL NOTES, &c. 

contest with America was plainly a contest of principle, and had been conducted entirely on prm» 
ciple, by both sides. The amount of taxes proposed to be raised, was too inconsiderable to have 
been deemed, by either people, of sufficient consequence to induce them to hazard, on that ac- 
count, the consequences already produced. But the principle was, in the opinion of both, of the 
utmost magnitude. The measure now proposed for conciliation, while it encouraged in the 
Americans the hope that their cause was gaining strength in Britain, had no tendency to remove 
the ground of contest. Their opposition had been founded on the conviction, that the right to tax 
them was vested exclusively in themselves ; and while this measure was thought to evidence the I 
effect already produced by that opposition, it left in full force all the motives which originally pro- 
duced it. 

"In pursuance of this resolution of the cabinet, a circular letter was written, {May 13.) by the | 
earl of Hillsborough, to the different governors, informing them 'that it was the intention of his ■ 
majesty's ministers, to propose in the next session of parliament, taking off the duties on glass, | 
paper, and painters colours, on consideration of such duties having been laid contrary to the true I 
spirit of commerce ; and assuring them, that at no time had they entertained the design, to pro- 
pose to parliament, to lay any further taxes on America for the purpose of raising a revenue.' 

f_ July 27.1 " This measure having been communicated in letters from persons in England to 
their correspondents in Massachusetts, and apprehensions being entertained that an improper 
opinion concerning its operation might be formed, a meeting of the merchants and traders in 
Boston was held, in which it was resolved, 'that the partial repeal of the duties would not remove 
the difficulties under whieh their trade laboured ; was only calculated to relieve the manufacturers 
of Great Britain ; and that they would still rigidly adhere to their non-importation agreement.' 

" The communication which had been received by the governors, from the earl of Hillsborough, 
of the intended application to parliament, for the repeal of the duties on glass, paper, and painters 
colours, was made to the several legislatures as they convened, in terms implying an intention, 
to renounce the imposition of any future taxes on America. But this communication seems ne 
where to have restored perfect content. 

" The Virginia legislature was in session on its arrival, and governor Botetourt laid it before 
them-(l) They voted, as a protest manifesting their dissatisfaction with it, a petition to the king, 
asserting the rights they had heretofore maintained ; and as individuals, immediately signed an 
association, in which they were joined by several respectable merchants of the country then met 
at Williamsburg, by which they renewed their non-importation agreement with respect to certain 
enumerated articles, not of absolute necessity, and engaged to continue it, until the duty on tea 
should be repealed. 

" Yet several causes combined to render a general observance of the non-importation agreement 
extremely difficult. The sacrifice of interest made by the merchants was too great to be contin- 
ued, but under the influence of very powerful motives. Suspicions were entertained of each 
other in the same towns, and committees to superintend the conduct of importers, were charged 
with gross partiality in permitting some persons to sell goods contrary to their engagement, 
while others, not more culpable, were held up to the publick as enemies to their country. The 
different commercial towns, too, watched each other with no inconsiderable degree of jealousy, 
and accusations were reciprocally made of infractions to a great extent, of the association they 
had so solemnly pledged themselves to observe. Letters purporting to be from England, were 
published, stating that large orders for goods had been received ; and the inconvenience resulting, 
from even the partial interruption of commerce which had taken place, and the want of those 
British manufactures which the inhabitants had been accustomed to use, began to be severely 
and extensively felt. In Rhode-Island and Jllbany, it was determined to import as usual, with 
the restriction only of such articles as should be dutiable. On the remonstrances of other com" 
mercial places, especially of Boston, these resolutions were changed, and the hope was entertain- 
ed, that the general system on which the colonies relied for success, in their opposition to the 
scheme of establishing the right in Britain to tax them, would still be adhered to. 

(I) " Lord Botetourt, in communicating the assurances of ministers to the assembly q/"Virginia, 
added, ' it is my firm opinion, that the plan which I have stated will take place, and that it will 
never be departed from. 1 shall exert every power with which 1 am, or ever may be legally in* 
vested, in order to obtain and maintain, for the continent of Jlmerica, that satisfaction, which 
J have been authorised to promise this clay, by the confidential servant of our gracious sover- 
eign; who, to my certain knowledge, rates his honour so high, that he would rather part with his 
crown, than preserve it with deceit." 



[1770, Mar.] HISTORICAL NOTES, &e. 47 

"These hopes were blasted by New-York. That town at first, determined to import as 
usual, with the exception only of articles subject to the duty, provided the large commercial towns 
of Boston and Philadelphia would accede to the proposition. 

" These towns refused to depart from the non-importation agreement, and strenuously urged 
their brethren of New-York, to persevere with them in the glorious struggle. On receiving this 
answer, it was communicated to the people ; and their opinion, on the question of rescinding or 
adhering to the non-importation agreement, was taken in their respective wards, when a decided 
majority was found in favour of importing generally, with the single exception of such articles as 
might be subject to duty. This determination was immediately communicated, and excited in 
New England and Philadelphia the most lively chagrin. Their remonstrances against it were 
however, ineffectual ; and the agreement thus openly departed from in New York, was soon uni- 
versally abandoned. The association was now confined to the single article of tea. 

« In justification of themselves, it was alleged by the people of New York, that the towns of 
New England h&d not fairly observed their engagements, and that the merchants of JHbany, had 
been in the practice of receiving goods from Quebec. 

" No sufficient evidence in support of these assertions was ever adduced. But it is certain, 
that extreme difficulty attended a perseverance in the plan which had been adopted. Independ- 
ent of the privations to which the associators were exposed; of the great loss encountered by 
the merchants, whose business was suspended ; it was not easy to surmount the obstacles which 
opposed themselves to a continued uuion, in the same measure, of rival towns, jealous of the 
commercial prosperity of each other, and co»6cious, that if the agreement should be evaded by 
ethers, ruin must be the fate of those who should adhere to it.(l) 

{Mar. 5.] In this year the " Boston massacre," as it was termed, took place: as it created a 
great sensation at the time, and tended much to inflame the people against England, I shall men- 
tion it here. It will be remembered, that two regiments of British troops, had been quartered in 
that town, in Oct. 1768, to support the custom-house officers in collecting the duties, under the 
glass and paper act, &c. of June 1767. 

** Outrages had been committed by the soldiers ; and frequent quarrels had happened between 
them and the inhabitants of Boston, who viewed the military as come to dragoon them into obe- 
dience to statutes, instructions, and mandates, that were thoroughly detested. Each day gave rise 
to new occurrences which augmented the animosity. Reciprocal insults soured the tempers, and 
mutual injuries embittered the passions of the opposite parties." 

At length, on the night of Mar. 5. the town's people, under pretext of a particular insult re- 
ceived from the soldiery, collected in great numbers, for the purpose of attacking them in 
their quarters. 

Capt. Preston, officer of the day, on the alarm, had repaired to the main guard, near the cus- 
tom-house : the sentinel at that place being insulted, and his life endangered, Capt. Preston de- 
tached from the guard, a corporal and six men to protect him, as also the king's chest in the 
custom-house, and followed himself: at this place, the corporal's guard fired upon the mob, 
Preston being present : four persons were killed, and four or five wounded, one of whom died 
afterwards. 

"Most violent agitations prevailed in Boston on this event; many thousands collected; next day 
a town council is called : the people insist on the removal of both regiments from the town, which 
is finally carried : Capt. Preston and his party are committed to goal; It is determined to bury 
the four persons in one vault, and in a peculiarly respectful manner. Mar. 8. The generality of 
the shops in town are shut. All the bells of Boston, Charlestown, and Roxbury, are ordered 
to toll in the most doleful tone. The corpses are brought to King-street, where they fell 
when the soldiers fired. Hence they proceed in orderly succession through the main street, fol- 
lowed by an immense concourse of people, so numerous as to bo obliged to go in ranks of six 
a-breast, and the whole closed by a long train of carriages, belonging to the principal gentry of the 
town. Thus are they distinguished and honourably attended to the place of interment, with un- 
paralleled pomp, not on account of personal merit, but to express the vehement indignation of 
the inhabitants, against the slaughter of their brethren by the British soldiery quartered among 
them, in violation, as they imagine, of their civil liberties."(2) 

Oct. 24. Capt. Preston's trial, on an indictment for murder, commenced and lasted several 
days, when he was honourably acquitted : the eight soldiers were brought to trial Nov. 27. it 

(1) Mursfc (2) Gord, 



48 [1770, Mar. j HISTORICAL NOTES, &c. 

lasted to Dec. 5. six were acquitted, and two found guilty of manslaughter only, as firing oh I 
provocation. 

Nothing, from the beginning, could exceed the prejudice and resentments of the people against I 
the prisoners. The whole continent seemed to have been engaged in the affair, and there was a 
general cry for justice, upon the " British murderers." Several persons also were tried, as j 
aiders in the" murder" of the Bostonians, on the 5th of March, and acquitted. The counsel j 
for the prisoners, were John Adams, and Josiah Quincy Esqs. : though these gentlemen were 
most distinguished on the side of the country, in all the struggles against British usurpations ; yet 
this did not in the least deter them from encountering popular odium, in their defence of Capt. j 
Preston, and the British soldiers. The particulars of the trial exhibit them in the most dignified I 
character, fearlessly exerting the highest powers of reason, eloquence, and knowledge of the j 
laws, for the protection of innocent men, whom popular rage had devoted to certain death. 

The event however, justified the American character; the virtue of a Boston (or sufiblk) jury 
being no less conspicuous than that of the prisoners counsel : in pronouncing Capt. Preston and 
his men " not guilty." (1) 

At length however, such was the universal and powerful opposition to this act [of June 29. 1767.] 
laying duties on glass, paper, tea, &c. not only by what might be deemed rightful, as non-impor- 
tation agreements, resolves and petitions, but by fraudulent practices, obstructions, insult, and 
attack upon the revenue officers ; that it was repealed, two years and ten months from the time of 
passing. 

The whole period, was one of continued irritation and opposition in the colonies ; and tended 
greatly to alienate the people. The proceeds of the duties probably did not pay the expense of 
collection, such was the effect of noo -importation, smuggling, and the fears of revenue officers to 
execute the act. 

\Ma>\ 5. 1770] The bill to repeal, was brought in by lord North, (2) who in Jan. preceding, 
became prime minister on the resignation of the duke of Grujton. The account given of it by a 
British author, is shortly this : 

" One of the first acts of the new minister was, the bringing in a bill for the repeal of so much 
of the late act of parliament, as related to the imposing of a duty on paper, painters colours, and 
glass, imported into America ; the tax upon tea, which was laid on by the same act, was still con- 
tinued. This repeal was made in compliance with the prayer of a petition, presented by the 
American merchants to the house of Commons, setting forth the great losses they sustained, and 
the fatal effects produced by the late laws, which for the purpose of raising a revenue in the colo- 
nies, had imposed duties upon goods exported from Great-Britain thither. (3) 

" It was much insisted upon by those members, who had uniformly opposed the laying internal 
taxes upon America, that now, as the minister began to recede, the act which imposed these 
duties should be at once totally repealed. To this it was objected, that the colonies, instead of 
deserving additional instances of tenderness, did not, in fact, deserve the instance then shown, as 
their conduct had become more violent than ever ; and their associations, instead of supplicating, 
proceeded to dictate, and grew at length to such a height of temerity, that administration could 
not, for its own credit, go as far as it might incline, to gratify their expectations : that, was the tat 
to be wholly abolished, it would not either excite their gratitude or re-establish their tranquillity ; 
they would set the abolition to the account, not of the lenity, but of the fears of government; 
and upon a supposition that we were to be terrified into concession, they would make fresh de- 
mands, and rise in their turbulence, instead of returning to their duty. Experience had fatally 
proved this to be their disposition : we repealed the stamp-act, to comply with their desires, but 
they have neither learnt obedience or moderation thereby ; on the contrary, our lenity has en- 
couraged them to insult our authority, to dispute our rights, and aim at independent government. 
While therefore the Americans deny our power to tax them, is it proper for us to acquiesce in 
the argument of illegality, and by the repeal of the whole law to give up the power ? Such a 
conduct would be to betray ourselves out of compliment to diem, and through a wish of rendering 
more than justice to America, resign the controlling supremacy of England. 

(1) I shall give some account of tlds trial in the nature of a " report ," in a future volume 
of the IjOw Register. (2) Eldest son of the earl of Guilford, tutor to Geo. IH. (3) The pream- 
ble of the aet, ascribes the repeal to commercial considerations; when the fact was, it -was -wrung 
from the cabinet, by the force of opposition in America ; see also the preamble to the stamp act, 
■which refers its repeal, to a cause entirely distinct from the real one, namely, the impossibility 
of enforcing it. 



[1770, April.] HISTORICAL NOTES, &c. 49 

" These arguments did not pass without animadversion from the other side of the house. The 
ministers, 'said the opposition,' condemn the concessions of their predecessors, yet they begin 
themselves by concession, with this only difference, that their's is without grace, benignity or 
policy, and that they yield after a vexatious struggle. It was observed that a partial repeal, in- 
stead of producing any benefit to the mother country, would be a real grievance, a certain ex- 
pense to ourselves, as well as a source of perpetual discontents to the colonies. By continuing 
the trifling tax upon tea, while we take oft* the duties upon painters colours, paper and glass, we 
keep up the whole establishment of custom-houses in America, with their long hydra-headed 
train of dependents, and yet cut oft" the very channels through which their voracious appetites are 
to be glutted. The tea duty, it was asserted, would by no means answer the expense of collecting 
it, and the deficiencies must of course be made up out of the revenue of this country." 

It plainly appears, that the object of the minister was not that of revenue, but by the most se- 
cret and apparently unimportant steps, to obliterate from the minds of the Americans, those 
horrid ideas which they had formed of internal taxation; and in effecting this, an essential ser- 
vice was meant to be rendered to the East India Company, who felt very sensibly the diminu- 
tion of their exports to America. In the year 1768, they had exported to that continent teas to 
the value of 132,0001. the next year their exports declined to 44,000 (1) whilst they still contin- 
ued to lessen in the same rapid manner. This was an evil of such a magnitude, as to force itself 
upon the minister's attention. The company paid a duty of 25 per cent, on their exported teas, 
which greatly enhanced the price at the market, and enabled the Dutch to supply the colonies 
much cheaper : this duty was therefore discontinued, whereby the price of teas in America 
was so materially reduced, that it was presumed the continuing of the duty of the three pence 
per pound weight on that commodity, would be entirely overlooked. (2) 

"[April 12.] The king gave his assent to the act for repealing the duties on glass, paper, 
and colours. The Tea duty was professedly continued as a pepper corn rent, for the point of 
honour, and as a badge of sovereignty over the colonies. The ministry might also mean to use it 
in some future period, for deeper purposes than could be then fathomed."(3) 

A partial repeal however did not satisfy the Americans. " The Virginia house of burgesses, in 
a petition to his majesty, expressed their exceeding great concern and deep affliction upon finding, 
that the several acts imposing duties for the purpose of raising a revenue in America, were con- 
tinued; and said, *A partial suspension of duties, and these such only as were imposed upon Brit- 
ish manufactures, cannot remove the too well grounded fears and apprehensions of your majes- 
ty's subjects, whilst impositions are continued on the same articles of foreign fabric, and entirely 
retained upon tea, for the avowed purpose of establishing a precedent against us.' "(4) 

The non-importation agreements, nevertheless, from this time were net much observed ; ex- 
cept in the article of "Tea"; In respect of this, it was rigorously complied with, and what with 
the smuggling, and the fears or connivance of custom-house officers, this duty was not collected -. 
Thus ended the second triumph of the colonies over the Parliament, in forcing a repeal of the 
"Glass" act of 1767. as they had of the Stamp act of 1765. 

The violence of the storm now passed by, but the commotion of the billows was long subsi- 
ding ; indeed, could scarcely be said to subside : New agitations continued to disturb the publick 
mind, grown wholly distrustful of the mother country, and bolder from union and suceess.(5) 

(1) The effect of non-importation agreement in the single article often. (2) North's adminis- 
tration : It might be inferred(though probably not so meant) from Ch. Just. Marshall's history 2 vol. 
p. 136.7. — that the repeal -was during the premiership of the Duke of Grafton : Id. North however 
teas the minister, and introduced the repeal (3) 10 Stat. 667. an. 10. Geo. S.c. 17. (4) Gord. 
(5) It tuill have been perceived, that Mr. Geo. Grenville, from the beginning, was an able and 
resolute supporter of American taxation ; he died July 30. this year : the following is an extract 
relative to his death and character.- "This was the last publick service (viz. tlie bill for determi- 
ning controverted elections in parliament.) which Mr. Geo. Grenville rendered his country: he 
closed cm active and laborious life, on the 30th of July following, in the fifty-eighth year of his 
age. Perhaps no other man ever filled so many of the great departments' in government. Af- 
ter being for some years a commissioner of the admiralty* he presided at that board for a short 
time, which he quitted to -become secretary of state ; he was ajterwards first lord of the treasury, 
and chancellor oftlie exchequer. Tlie naval department is much indebted to him for many whole- 
some rules, and the whole body of seamen for a very salutary law, which regulated the payment 
of their wages, and which put cm end to many grievous frauds and abuses which used to attend 
such payments. [31 George /Z] The talents of this statesman were rather useful tlian splendid; 
better fitted to correct abuses in the internal government of the state, than to conduct the affairs 
of a great empire, in situations peculiarly intricate. During Mr Pitt's brilliant administration, 
JWr. George Grenville opposed the measures then pursued, altho' framed by the husband of his 
sisters but His laboured researches were- constantly nullified, by the emanations of Mr. Pitt' 's 



SO [1770, April.] HISTORICAL NOTES, &c 

(From Ap. 1770, to June 1773.) 

The " Glass, and Paper duty bill [of 1767] being repealed, in April this year (with the ex- 
ception of " Tea,") -which the opponents of British taxation imagined would terminate all 
further views to fasten a revenue system on the colonies ; a state of comparative repose seemed 
to pervade the country until the Spring- of 1773; when the infatuated councils of England, were 
induced to revive the plan of an impost system in Ameriea : yet the interval, was far from one 
of contentment, entirely calculated to bring about an oblivion of the past, by the healing acts of 
government on the part of the mother country, on the one side, or submission on the part of I 
the provinces, to those usual and inevitable burdens, which directly or indirectly, and in every 
possible way, must be borne, by a people in the relation of colonies, to a European maritime and 
naval power. 

What were even admitted as constitutional, and rightful acts of legislation, in the British Par- 
liament, went the whole length, theoretically, and practically, of retaining the people on this side 
of the Atlantick, in a condition of interminable vassalage, and impoverishment. 

A colonial sytem, may be suitable to embrace the interests, and even be made advantageous to 
small insular, and defenceless possessions, such as the tropical Islands, confined to the growth of 
cane, coffee, and a few other articles produeed by the labour of slaves ; and which the parent 
country, from commercial and maritime policy, finds it useful to protect and retain. 

But the North American provinces were in themselves an empire, capable of self-protection 
and self-government ; and in the possession of all which England herself possessed, and more. 

Her arts, knowledge, and liberty ; the free principles of her constitution, and the inestimable 
benefits of their practical application, by means of her judicial system and common law, were 
universally understood and enjoyed ; self- government, alone, was wanting. 

These provinces were also commercial, active in the pursuit of gain, and restive under re- 
straints, not of their own creation nor for their own benefit; the people were bred up in the high- ! I 
est notions of constitutional British liberty : and the leading men, in every colony, well qualified and j 1 
well inclined, from their education, professions, and principles, no less than from the disgust which 1 1 
was felt from personal degradation, to seize on every objection, and to oppose every measure of I 
England which could lessen her influence, or defeat the too evident designs of making the colonies 
mere tributaries, and passive subjects of rapacity and power. 

This state of things must necessarily have produced a disruption ; it is not in the course of na- 
ture, nor even possible, for a great and enlightened people, bred up in the true spirit and know- 
ledge of civil liberty, widely separated from the parent government, and without a share in its 
councils, or a common interest, long to remain in the disadvantageous condition of colonial depend- 
ence. This relation may continue longer, or shorter, according to the state of knowledge in the 
pi'ovinces ; their numbers and external danger, or safety; but in the end, where the sweets of 
property are known, and a spirit of freedom exists; where education and knowledge are diffused, 
and the rights of men understood ; the colonial condition must cease : the contest may be pro- 
tracted, and in the end bloody ; the event may some times appear doubtful ; according to the 
means and strength of the dominant state ; but where there exist, strength, valour, and incli- 
nation ; independence, under the foregoing circumstances, is a final consequence : European colonial 
establishments of any extent, are, in consequence of the march of knowledge, hastening to an end. 

enlightened mind. No orator ever more fully possessed the talent, of turning the edge of an an- 
tagonist's argument by a sportive sally, than this English Demosthenes: whilst he was leading 
-minister in the house of Commons, Mr. Grenville opposed a measure, which -was carrying thro' 
that house, by asking, -where -we should find men? where we should find money? where we 
should find ships ? £?c. In the midst of these interrogations, the minister arose from his seat, 
<and with a dignified pleasantry exclaiming, 

'fell me, gentle shepherd, wliere ? 
deliberately walked out of the house. In consequence of which incident, J\Ir. Grenville was 
known by the appellation of " the gentle shepherd" Jor many years. Mr. Pitt treated his 
brother-in-law as a dull systematick politician, whose attention was directed to minute objects, 
being incapable of forming a noble and comprehensive plan of policy. He represented him as 
coming with his dog's-eared statutes to a debate. Mr. Burke, some Jew years after, alluding to 
this remark, made by the oracle of the senate, talked of having studied ' till he had made dog's 
ears in the statute books' The measures respecting the American colotiies, which were adopted 
eind carried into effect during Mr. Grenville' s short administration, it is not our business to 
speak of here; let it suffice to say, that the integrity of Ms conduct, and his zeal to promote the 
welfare of his country, remain uaimpeached." JVortli's adm, 



I [1770, April.] HISTORICAL NOTES, &c. 51 

The preceding indications can never be equivocal ; and a wise government, would rather facili- 
I tftte the consummation, when it had become probable, and in so doing, lay the foundation of federal 
f advantages, greater than those, which could be derived, even from a confirmed provincial subor- 
j dination. 

Doubtless, England might have profited by acting on this principle ; and even as the event 
happened, it would not be a clear position to maintain, that our independence was a national mis- 
fortune to that kingdom: Increasing millions, the fruit of American toil, still flow into her ex- 
chequer, through the mart of her manufactures; instead of nourishing our own, and rendering us 
truly rich and independent. 

In addition to these remarks, I insert here an " extract " from a British author, who will be 
quoted more at large directly ; speaking on this subject, and at this very point of time, and on the 
consequence of enforcing the revenue system in the colonies, he thus prefaces his chapter. 

" When the design of settling colonies in North America, first became a national object in the 
reiguof James the first, the speculative politicians of that age raised many objections to the mea- 
sure, and foretold, that after draining their mother country of inhabitants, those colonies would soon 
shake off her yoke, and erect an independent government in America. More than a century and a 
half had, however, elapsed, and neither of these predicted evils had been realized. Experience had 
shown, that the depopulation of Great Britain by emigrations to America, was not to be feared ; and 
the apprehension of the colonies becoming independent states, seems at no time to have been en- 
tertained by government, before the conclusion of the peace with France and Spain in 1763. 
Notwithstanding which security, it was evident from the nature of things, that there certainly 
would come a time, when the northern continent of the new world, being overspread with a race 
of men, active, enterprising, and enthusiastically attached to freedom, would begin to consider 
restraints as oppressions. The colonists, influenced by that universal principle of self-love which 
actuates communities, as well as individuals, would, in process of time, recoil at the idea of that 
supremacy and inherent right of control, which the parent state claimed to itself in perpetuity. 

" The establishment of parliamentary taxation in America, would appear to be nothing short, 
of holding their property by the courtesy of a British senate. As their strength and conse- 
quence should hereafter advance, such views of things would of course press upon them with 
greater weight. Thus, whenever their population should have trebled its present amount, that 
accession would lead them to disregard those prohibitions, which deprived them of the liberty to 
work up the materials which their earth yielded for the purposes of civil life ; when risen so high 
in the scale of political consequence, they would certainly have thonght it oppression in being 
prohibited, from manufacturing their own iron. The present race of Americans did not openly 
complain, of the commercial restrictions which were laid upon them; but their immediate descend- 
ents yet unborn, if it had happened, that an uninterrupted course of prosperity, had nurtured them 
into a contempt of secondary importance, would have thought such burdens too grievous to be 
borne : at least the history of mankind will warrant such a supposition ; for subordination can be 
expected only, from the weak to the strong. V/hen such a revolt, should cause them to be up- 
braided with ingratitude to their parent state, they might have replied, ' we have enriched yon 
by our commerce whilst we were your dependents, we will still continue to do so on the footing 
of friends and equals, but our state of minority is now past.' 

An independent condition is always accompanied by an independent spirit. Even a colony of 
Frenchmen, in whose breasts allegiance to their king is the most active publick principle, when 
they grew sufficiently numerous and powerful to support themselves, would have looked to inde- 
pendence as their right. 

"The nature of the government established in British America, and the conduct of our kings 
towards the colonies, has uniformly been such as to encourage, instead of checking an independent 
spirit. The general law of descent in the New England provinces, is an extension of that which 
is known among us by the title of gavel-kind, for the children equally share the patrimony, which 
effectually bars the acquisition, or at least the perpetuity of large fortunes, and greatly promotes a 
republican spirit. 

**It has been asserted, that when a plan of taxation for America was proposed to Sir Robert 
TFalpole, he rejected it, saying, Met such measures be adopted by my successors, I never will un- 
dertake so intricate a business.' It is however certain, that his administration was the precise 
time, for introducing such a form of government, as should correct whatever had been found to 
be wrong, or too indulgent, in the charters; and for familiarizing the people to the mode oFinternaJ 
taxation, rather than to the burdens of it, which might have gradually increased ic 



52 [WO, April.] HISTORICAL NOTES, &c. 

their ability of bearing them. The more opulent and considerable Americans should have been j, 
enobled, and composed a legislative body in each province, to check die democratick tendency | 
of the popular assemblies. 

" In short, it required the most penetrating eye, the most determined hand, and the most en 
lightened head, to establish such a system of government among the rising colonies, as would , 
secure their attachment and obedience throughout a series of ages ; and the proper time far 
adopting these establishments was, wben they were beginning to reckon their population by mil- 
lions. To introduce a hierarchy, might be what the friends of perpetual subordination would 
rather have wished, than supposed practicable. Fifty years ago, address and management might .1 
have proved successful, in warping the natural disposition of the people in civil establishments, l 
but in religious matters, the Americans were ever inflexible."(l) 



I proceed with the narrative, after the repeal in Ap. 1770. of the " glass and paper act, &c. " 

The interval as before remarked, between 1770, aud 1773, was far from one of entire satis- 
faction : — many acts still existed, which bore hard upon the colonies :— Their foreign trade was 
cut off, and their manufactures discountenanced ; they could not build a ship, nor send a pound of 
tobacco, but to England. 

Their governors, and executive and legislative councils, were appointed by the crown ; the . 
courts of justice, and all executive offices of any consequence, were filled at the nomination of the ! 
king, or his governors : — The Revenue law of 1764, (called the "sugar act,") was in full opera- 1 
tion; and the "glass act" of 1767, was unrepealed, as to "tea" — though the stamp law which 
preceded, was abrogated ; yet even that was accompanied with the offensive and insulting " declare , 
atory act, of British legislative supremacy — in all cases whatsoever, over the colonies." 

The act establishing in America, a Board of commissioners of the revenue, in 1767— the Mutiny \ 
act, for " quartering soldiers, at the expense of the colony where stationed," were in force ; and that 1 
for " Suspending legislation in the province of New York" for non-compliance with it — all these | 
were unrepealed, holding out fearful precedents ; and there seemed to be no essential change 
made in the temper or disposition of England, towards the colonies. 

Great Britain on the one hand, appeared to feel mortified and resentful from defeat, and fool- 
ishly meditating the continuance of a system, calculated to degrade and oppress the colonies ; 
while they on the other hand, were far from satisfied with their successes, and looked forward to 
the painful necessity of further defences, against encroachments upon their rights and liberties. 

The following, contains an account of the state of the country and principal events, from the 1 
repeal of the "glass" act, [_Ap. 1770.] to June 1773 ; when an attempt was made to enforce the j 
duty on tea ; which ended in a civil war, and independence. 

" In the middle and southern colonies, the irritation against the mother country appears to have 1 1 
subsided in a considerable degree ;(2) and no disposition was manifested, to extend their opposi- 1 1 
tion further than to defeat the collection of the revenue, by entirely preventing the importation II 
of tea. Their attention was a good deal taken up by an insurrection in North Carolina, where || 
a number of ignorant people, supposing themselves to be aggrieved by the fee bill, rose in arms I 
for the purpose of shutting up the courts of justice, destroying all officers of government, and all 
lawyers, and of prostrating government itself. Governor Tryon marched against them, and hav- 
ing, in a decisive battle, totally defeated them, the insurrection was quelled, and order restored. 

"In Massachusetts, where very high opinions of American rights had long been imbibed ; and 
where the doctrine, that the British parliament could not rightfully legislate for the Americans, 
was already maintained as a corollary, from the proposition that the British parliament could not 
tax them ; a gloomy discontent with the existing state of things was every where manifested. I 
That the spirit of opposition lately excited, seemed expiring, without having established on a se- 
cure and solid basis the rights they claimed, excited, in the bosoms of that inflexible people, appre- 
hensions of a much more serious nature than would have been created by any conflict with which 
they could be threatened. This temper displayed itself in all their proceedings. The legislature 
had been removed from Boston, its usual place of sitting, to Cambridge, where the governor still 
continued to convene them. They remonstrated against this, as an intolerable grievance, and 
for two sessions refused to do business. In one of these remonstrances, they insisted on the right 

ft) North's adm, (2) After the repeal of the "glass andpaper act" &c. 



j [1770, Nov.] HISTORICAL NOTES, &c. 53 

I of the people to appeal to Heaven in disputes between them and persons in power, when those 

i in power shall abuse it. 

This was July 25, upon which, It. governor Hutchinson(l) immediately prorogued them. 
\_Sep.26.2 They met a third time ; when the It. governor informed them, that his majesty had 

| ordered the provincial garrison in the castle to be withdrawn, and regular troops to succeed 
them. This they declared to be so essential an alteration of their constitution, as justly to alarm 

j a free people. 

[Oct. 9.] Finding it impossible to prevail with Mr. Hutchinson, to remove their sitting from 

j Cambridge, they resolved to proceed to business, protesting' against the restraint they were held 
under, to do it out of Boston. 

[Nov. 6.] They resolved that, the merchants having receded from their non-importation 
agreement, &c. they would discourage prodigality, extravagance, and the use of foreign super- 
fluities ; and promote industry, frugality, and their own manufactures, in the towns they repre- 
sented. 

" From the commencement of the contest, Massachusetts appears to have deeply felt the 
importance, of uniting all the colonies in one system of measures; and, in pursuance of this fa- 
vourite idea, a committee of correspondence was at this session elected, to communicate with 
such committees as might be appointed by other colonies. Similar committees were soon after- 
wards chosen by the different towns throughout the province, for the purpose of corresponding 
with each other, and of expressing, in some degree officially, the sentiments of the people. Their 
reciprocal communications were well calculated, to keep up the spirit which was general through 
the colony. The example was afterwards followed by other colonies, and the utility of this in- 
stitution became apparent, when a more active opposition was rendered necessary. 

"An account of the origin of these committees and of their mode of proceeding, is thus given by 
Mr. Gordon, and is not unworthy of attention. 

" Governor Hutchinson and his adherents, having been used to represent the party in opposi- 
tion, as only an uneasy factious few in Boston, while the body of the people were quite contented ; 
Mr. Samuel Adams was thereby induced to visit Mr. James Warren, of Plymouth. After con- 
versing upon the subject, the latter proposed to originate and establish committees of corr%spon« 
deuce in the several towns of the colony, in order to learn the strength of the friends to the 
rights of the continent, and to unite and increase their force. Mr. Samuel Adams returned to 
Boston, pleased with the proposal, and communicated the same to his confidants. Some doubted 
whether the measure would prosper, and dreaded a disappointment, which might injure the cause 
of liberty — But it was concluded to proceed. The prime managers were about six in number, 
each of whom, when separate, headed a division; the several individuals of which, collected and 
led distinct subdivisions. In this manner the political engine has been constructed — The different 
parts are not equally good and operative — Like other bodies, its composition includes numbers 
who act mechanically, as they are pressed this way or that way by those who judge for them ; and 
divers of the wicked, fitted for evil practices, when the adoption of them is thought necessary to 
particular purposes, and a part of whose creed it is, that in political matters the publick good is 
above e^ery other consideration, and that all rule3 of morality when in competition with it, may 
be safely dispensed with. When any important transaction is to be brought forward, it is tho- 
roughly considered by the prime managers. If they approve, each communicates it to his own 
division ; from thence, if adopted, it passes to the several subdivisions, which form a general meet- 
ing in order to canvass the business. The prime managers being known only by few to be the 
promoters of it, are desired to be present at the debate, that they may give their opinion when it 
closes. If they observe that the collected body is, in general, strongly against the measure they 
wish to have carried, they declare it to be improper : is it opposed by great numbers, but not 
warmly, they advise to a re-consideration at another meeting, and prepare for its being then 

(1) It should have been observed, that Sir Francis Bernard, who had been governor of Massa- 
chusetts many years, was made a baronet in March 1769, and recalled, which was signified by 
him to the assembly in June : it was not understood, for any reason, but to give an account of 
the government, &c. Before however he prorogued the assembly, they embraced the occasion, to 
draw up a petition to his majesty, in which after many complaints of him, they "intreat his ma- 
jesty, that he might forever be removed from the province. He sailed for England in August : 
Mr. Hutchinson, /rom that time, acted as It. governor, until the beginning of the Spring of 1771, 
when he was appointed governor, and continued so, till gen. Gage superseded him in the Spring 
of 1774 : These particulars are mentioned, as by inadvertency, he is sometimes called the "go- 
vernor," in the history of the times, before he was so. 

7 



54 [1772, Not.] HISTORICAL NOTES, &c. 

adopted : if the opposition is not considerable, either in number or weight of persons, they give 
their reasons, and then recommend the adoption of the measure. The principal actors are de- 
termined on securing the liberties of their country, or perishing in the attempt." 

[1771-3 In this year, no incidents, important, and immediately connected with the subject of this 
account, took place. The following are recorded. | 

[Ap. 3.] The Massachusetts assembly met again in their spring session ; when Mr. Hutchinson | 
informed them of his appointment as captain general &c. The council presented a congratulatory j 
address : but the assembly negatived a motion for one from that house ; and requested again to be I 
removed to Boston, which was refused. 

[May 29.] The new legislature met again at Cambridge. 

When the tax bill came before the governor, he informed the house, that he was forbidden by ' 
his majesty to assent to a bill, which subjects the officers of the crown to be taxed, for the profits of i 
their commissions. 

[July 4.3 " The house by message, expressed their surprise and alarm, at the reason assigned 1 
for his not assenting to the tax-bill, and said, " We know of no commissioners of his majesty's cus- | 
toms, nor of any revenue his majesty has a right to establish in North America. We know and ! 
feel a tribute levied and extorted from those, who, if they have property, have a right to the ab- 1 
solute disposal of it."(l) 

[MAY, 1772.3"Althoughthe governor, judges, and other high colonial officers, had been appoint- i 
ed by the crown, they had hitherto depended on the provincial legislatures for their salaries; and thi3 
dependence had always been highly valued, as giving to the colonies an important influence on their I 
conduct. It has been already seen, how perseveringly this source of influence was maintained by 
Massachusetts, on a former occasion.(2) As a part of the new system, it had been determined, that 
the salaries of these officers should be fixed by the crown, and paid without the intervention of the 
legislature. This measure was adopted in relation to all the royal governments, and was commu- 
nicated to the general court of Massachusetts [June 13.] 

[July lO. - ]" A committee having been appointed, to consider the matter of the governor's support J 
being provided for by the king, reported and observed, 'that the king's providing for the support of j I 
the governor, is a most dangerous innovation. It is a measure, whereby not only the right of the gen- j I 
eral assembly of this province is rescinded, but the highest indignity is thrown upon it. It is an in- I 
fraction of the charter in a material point, whereby a most important trust is wrested out of the j 
hands of the general assembly.' And the house the same day, declared, by a message to the go- j I 
vernor, ' that the making provision for his excellency's support, independent of the grants and acts 1 1 
of the general assembly, and his excellency's receiving the same, is an infraction upon the rights of j j 
the inhabitants, granted by the royal charter." (3) 

"<The news of his majesty's granting salaries to the justices of the superiour court, afforded 1 
a fair opportunity for executing the plan, of establishing committees of correspondence through I 
the colony. The most spirited pieces were published, and an alarm spread, that the granting > I 
such salaries, tended rapidly to complete the system of their slavery. 

" [Nov. 2.3 ' A town meeting was called, and a committee of correspondence appointed, to [ I 
write circular letters to all the towns in the province, and to induce them to unite in measures. ' | 
The committee made a report, containing several resolutions contradictory to the supremacy of I 
the British legislature. After setting forth, that all men have a right to remain in a state of I 
nature as long as they please, they proceed to a report upon the natural rights of the colonists, a6 I 
men, christians, and subjects ; and then form a list of infringements and violations of their rights, j 
They enumerate, and dwell upon the British parliament's having assumed the power of legislation 
for the colonies, in all cases whatsoever — the appointment of a number of new officers to superin- 
tend the revenues — the granting of salaries out of the American revenue, to the governor, the 
judges of the superiour court, the king's attorney and solicitor general. The report was accept- 
ed, copies printed, and six hundred circulated through the towns and districts of the province, 
with a pathetick letter addressed to the inhabitants, who were called upon not to doze any longer, 
or sit supinely in indifference, while the iron hand of oppression was daily tearing the choicest 
fruits, from the fair tree of liberty. 



On this occasion, the country teemed again with publications of the most inflammatory aspect ; I 
powerfully calculated to excite enmity to British measures, and raise a belief, that ministers and I 
parliament, aimed at absolute despotism, over tbe lives and fortunes of the Americans. 

(1) Cord. fflAnteSL (S)Marsk, 



[1772, Nov.] HISTORICAL NOTES, &c. 55 

The following may serve as a specimen, of the publick temper on this particular subject : 

" At a meeting of the freeholders, and other inhabitants of the town of Petersham, in the county 

of Worcester, duly assembled according to law, held by adjournment ; the committee chosen on 

the 30th Nov. made the following report, viz. 

•The town having received a circular letter from the town of Boston, respecting the present 

J grievances and abominable oppressions under which this country groans, have thereupon taken into 

their most serious consideration, the present policy of the British government and administration, 

j with regard to Great Britain and these colonies ; have carefully reviewed the mode of election, 

j and the quality of the electors of the commons of that island ; and have also attentively reflected 

j upon the enormous and growing influence of the crown, and that bane of all free states, a standing 

; army in the time of peace; and in consequence thereof, are fully confirmed in opinion, that the ancient 

j rights of the nation are capitally invaded, and the greatest part of the most precious and establish- 

; ed liberties of Englishmen utterly destroyed : And whereas the parliament of Great Britain, by 

| various statutes and acts, have unrighteously distressed our trade, denied and precluded us from 

I setting up and carrying on manufactures, highly beneficial to the inhabitants of these territories ; 

restricted and prevented our lawful intercourse and commerce with other states and kingdoms; 

have also made laws and institutions touching life and limb, in disinherison of the ancient common 

law of the land ; and moreover have, in these latter times, robbed and plundered, the honest and 

laborious inhabitants of this extensive continent of their property, by mere force and power ; and 

are now draining this people of the fruits of their toil, by thus raising a revenue from them, against 

the natural rights of man, and in open violation of the laws of God. 

" This town, in union with the worthy inhabitants uf Boston, uuw dunk it their indispensable 
duty, to consider of the premises, and the present aspect of the times, and to take such steps as, 
upon mature deliberation, are judged right and expedient; whereupon, 

" Resolved, That with a governor appointed from Great Britain (especially at this day) du- 
ring pleasure, with a large stipend, dependent upon the will of the crown, and controlled by in- 
structions from a British minister of state, with a council subject to the negative of such a go- 
vernor, and with all officers, civil and military, subject to his appointment or consent, with a 
castle in the hands of a standing army, stationed in the very bowels of the land ; and that amazing 
number of placemen and dependants, with which every maritime town already swarms ; no people 
can ever be truly virtuous, free, or brave. 

" Resolved, That the parliament of Great Britain, usurping and exercising a legislative authority 
over, and extorting an unrighteous revenue from these colonies, is against all divine and human 
laws. The late appointment of salaries to be paid to our superiour court judges, whose creation, 
pay, and commission, depend on mere will and pleasure ; completes a system of bondage, equal 
to any ever fabricated by the combined efforts, of the ingenuity, malice, fraud, and wickedness 
of man. 

"Resolved, That it is the opinion of this town, that a despotick, arbitrary government, is the- 
kingdom of this world, as set forth in the New-Testament, and is diametrically opposite to the 
establishment of Christianity in a society, and has a direct tendency to sink a people into a profound 
state of ignorance and irreligion ; and that, if we have an eye to our own and posterity's happiness, 
(not only in this world, but the world to come,) it is our duty to oppose such a government : 

" And further Resolved, That the depriving the colonies of their constitutional rights, may be 
fitly compared to the dismembering the natural body, which will soon affect the heart ; and it 
would be nothing unexpected for us to hear, that those very persons who have been so active in 
robbing the colonies of their constitutional rights, have also delivered up the constitution of our 
mother country, into the hands of our king : 

" Therefore Resolved, That it is the first and highest social duty of this people, to consider of, 
and seek ways and means, for a speedy redress of these mighty grievances and intolerable wrongs ; 
and that for the obtaining this end, this people are warranted, by the laws of God and nature, in 
the use of every rightful art and energy of policy, stratagem and force."(l) 

In this year, another act of parliament created extreme abhorrence, and was made use of, fur- 
ther to incense the people against England: In June, the Gaspee armed government schoon- 
er, which had been very active in suppressing smugglers, and supporting the " sugar" revenue 
act of 1764, was burnt, by a party of " associates," from the town of Providence, in Rhode-hl' 
and; certainly in a most lawless manner. 

(1) Gord, 



56 [1775, June.] HISTORICAL NOTES, &c. 

In consequence of this outrage, an act of parliament was passed " for the better securing his it 
majesty's dock yards, ships, ammunition, and stores."(l) It enacted, "that any person, who|i 
should willfully set on fire, burn, or destroy, or aid, or assist in so doing, any of his majesty's p 
vessels of war afloat, or building in any of his majesty's dock yards, arsenals, magazines, &c. 
any buildings, timber, or materials there placed, or any naval, military, or victualling stores, and r 
being convicted, should suffer death ; and that any person committing the offences, out of the [ 
realm, might be indicted, and tried within any shire, or county of the realm, or in such island, ' 
country, or place where committed, as his majesty, his heirs, or successors, might deem most j 
expedient, &c." j 

This act was known to be predicated on the affair of the Gaspee ; and though it wears the ap- . 
pearance of a general law, and on British principles of penal legislation, might seem tinobjectiona- ) 
We, yet it was deemed a branch of the revenue si/stem, intended to deter the people from opposi- i 
tion, by fear of transportation for trial, and death. 

It is obvious, that nothing could seem more shocking in precedent or principle, than a power | 
Tested in ministers, to transport for trial to England; or to any part of any other island, or | 
place, where committed, persons who might be charged with destroying the king's magazines, J 
victuHls, or stores : a pound of gunpowder, a boats oar, a barrel of tar, or pork, might be a 
pretext for transportation and death : There was no telling who among the Americans, in their 
animated opposition to the revenue laws, where some injury had been done by the populace, 
might not be deemed " aiders and abetters," or subject at least to transportation, on such alle- 
gation. 

[1773.] "ABOXTX tnisum^ o dJoouverjr -^ aa made, which very greatly increased the ill temper 
already so prevalent throughout JVew England. Doctor Franklin, the agent for several of the colo- 
nies, and among others for Massachusetts, by some unknown means, obtained possession of the let- 
ters which had been addressed by governor Hutchinson, and by lieutenant governor Oliver to the 
department of state. These letters, many of which were private, he transmitted to the general 1 1 
court. They were obviously designed, and well calculated to induce a perseverance on the part j I 
of government, in the system which had so greatly tended to alienate the affections of the colonies. j 1 
The opposition was represented to be confined to a few factious turbulent men, whose conduct j | 
was by no means generally approved, and who had been emboldened by the weakness of the 'I 
means used to restrain them. More vigorous measures were recommended, and several specifick ; I 
propositions peculiarly offensive to the colony, were made, among which the alteration of their ] 
charters, and the rendering the high officers dependent solely on the crown for their salaries. 

f June 16]" Inflamed °y these letters, the assembly unanimously resolved, 'that their tendency and ; | 
design was to overthrow the constitution of the government, and to introduce arbitrary power into i 1 
the province.' At the same time, a petition to the king was voted, praying him to remove governor i j 
Hutchinson, and lieutenant governor Oliver, forever, from the government of the colony. This I j 
petition was transmitted to doctor Franklin, and laid before the king in council, where it was I J 
heard ; and in a few days the lords of the council reported, * that the petition in question was j 
founded upon false and erroneous allegations, and that the same is groundless, vexatious, and i 
scandalous, and calculated only for the seditious purposes of keeping up a spirit of clamour and | 
discontent in the provinces.' This report, his majesty was pleased to approve. 

" Governor Hutchinso7i } however, was soon afterwards removed, and general Gage appointed 
to succeed him." (2) 

IN this state of the publick mind, and yet smarting under the recollection of the " stamp act'' 
the " glass, paper, and tea act," and many existing grievances, the British cabinet in the begin- 
ning of this year adopted a measure, which became the immediate cause of the civil war. I 
mean the attempt to reinstate the revenue scheme, by enforcing the "tea duty," under the 
act of 1767. 

It has been seen, that this act, laying duties on " glass, painters colours, paper, and tea,'' 
had after a continuance of nearly 3 years, been repealed [Ap. 12. 1770,] excepting in the article 
of "tea" on which 3d a lb. was to be paid on importation. 

It was now, after this long interval since the repeal, that the British ministry, were induced to 
revert to the policy of colonial taxation, and to try their strength on this reserved commodity. 
Although the law was in force as to that, during all tins time, yet in fact it was a dead letter, 

(1) XL Stats. 402. 12 Geo. 3. c. 24.-1772. (2) Marsh. 



[1773, June.] HISTORICAL NOTES, &c. 57 

none dared to import, or vend tea openly ; so strictly were the non-importation agreements in 
this particular adhered to ; what crept into use was smuggled, and the custom house officers dared 
not interfere. 

A general belief had grown up, that no attempt would ever be made to execute the act, and 
that the direct revenue plan, from the colonies, beyond what existed under the "sugar act'' 
£ of 1764,] had been abandoned. 

The earl of Hillsborough, in his circular letter to the different governors, in 1769, previous 
to the repeal of the " glass" act, as has been seen, expressly stated to them, " that it was the 
intention of his majesty's ministers, to propose at the next session, taking off the duties on " glass, 
paper, and painters colours ;" and assuring them, that at no time had they entertained the de- 
sign, to propose to parliament, to lay any further taxes on America, for the purpose of raising a 
revenue." 

This was communicated to all the legislatures, at his request. 

It is certainly true, that the enforcement of the "tea" duty, was not in terms nor in law, 
relinquished, and in this respect the promise was not violated : yet was only "kept to the ear, 
but broken to the sense;'' for it was understood, as a mere salvo, to the pride of the British 
nation arid its authority, but never to be acted upon. 

So much was the publick alarm lulled, on this cardinal question, that the leading opposers of 
parliamentary measures, especially in Massachusetts, and who entertained settled resentments 
for the past, as well as fears of the future ; began to apprehend, that the colonies would soon 
cease to be sufficiently alive to other grievances, and a common resolution to withstand other 
encroachments. 

It was in this state of things, as before observed, that at the commencement of the present 
year, the British cabinet opened again the fatal question of direct taxation. And this too, un- 
der a full knowledge of the people and parliament of England, of the settled determination 
of the Americans, " not to be taxed" without their consent. 

The parliament which was induced to revive the controversy, was elected in 1768 : most of 
the colonial measures, in hostility to this claim, had passed under their particular notice. 

The " glass, paper, and tea" bill, though enacted by the preceding parliament, had encountered 
all its opposition, in America, in the time of this, which begun its first session in JJfny, 1763, 
and itself repealed the act (except as to tea,) in Ap. 1770. 



This parliament was now in its 6th session, which begun Nov. 26. 1772, and stood adjourned to 
this year, when the East India co. " Tea bill" directly to be mentioned, was introduced in- 
to the house of commons, by Id. North. 

[June."] By this it was enacted, " that the whole of the duties payable on teas, sold by the 
East India Co. and exported to the colonies in America, should be draivn back ■" or in other 
words, that teas exported to the colonies should pay noduty.(l) 

Previous to this, they paid an export duty, of about 12d. per lb. which of course was repaid to 
the exporters, by the purchasers and consumers in the colonies ; in reality, a tax to that amount. 

By this same act, the Company itself was allowed to export their own teas, direct to the colo- 
nies, upon a licence obtained from the crown, (which was of course) and a certificate, that at least 
10 millions of pounds remained in their warehouses beyond the exported quantity : whereas all 
commodities belonging to the Company, by their charter, must be sold in their warehouses in lots, 
at publick auction and by wholesale ; they are not permitted to export East Iudia goods, or to 
trade or sell otherwise, than at the warehouse, and by wholesale. 

It was, doubtless, conceived, that the drawback of 12 cents a pound, by which their teas must 
come to the Americans so much cheaper, would reconcile them to the duty of 3d per lb, as in fact, 
the consumer in the colonies would then receive his tea, at Vdper lb. less than he did before, 
when the duy was first paid in England, by the exporter. 

(1) XL Stats. 725. 13. Geo. 3. c. 44. Anno. 1773 on .introducing this bill, Id. North proposed 
that " the house should allow tlie Company to export such part of the tea at present in their -Mare- 
houses, as they should think proper, to British America, dutyfree. He represented such a per- 
mission as highly beneficial to the Company, -who had seventeen millions of pounds -weight of 
that commodity in their hands." North's Admn. 114. 15. It passed in June, 1773. and the 
session closed, July 1. 1773. after -which the "tea ships" tvers immediately sent out to different 
ports in America. 



58 [1773, June.] HISTORICAL NOTES, &c. 

It was presumed also, that the Company, being their own exporters, and sending out a great 
quantity in a/ew ships, freighted by themselves ; the officers of the customs, could have no diffi- 
culty in collecting the duty, as the consignees of the Co. would voluntarily pay ; and the masters 
of their own ships, avoid all attempts to smuggle or evade. 

These were the false calculations, both of ministers and the company : The first expected, by 
this side measure, (making use of a great company as the instrument) to " put in use" die reve- 
nue law of 1767, and thereby fix a precedent. 

The tea o-wners on the other hand, thought a bonus of 9d per lb on tea, would be sufficient to 
bribe the colonies, to forget all their highminded notions of property, and abhorrence of parlia- 
mentary taxation; and submit in fact, to this same act of 1767, which they had forced England to 
repeal substantially, on this very principle. 

It is perfectly evident, the object of minsters was, merely to establish the impost system upon 
the Americans; for in this particular arrangement, the English revenue, which betore received 
a net duty on the export of 12d. sterling a pound, would now, even if successful in the collection 
in America, receive but 3d. alb. and subject to an increased expence of collection ; occasioning 
a loss of 9d. on many millions of pounds, which were annually consumed in America, before 
they began to make it a subject of colonial taxation on the import. 



From June, 1773, to Sep. 1774. 

Having brought the narrative relative to " taxation," to the passage of the "East India tea bill," in 
June, which, by reviving the collection of the "tea duty," lighted anew the flames of discontent 
and opposition, in the colonies, I proceed from this period, with an account of transactions to 
Sep. 1774, at which time, in consequence of opposition to the act in America, and the measures 
of parliament, grounded on that opposition, the controversy became irreconcilable, and the "first 
congress" met. 

In the account of this period, I shall refer myself chiefly to the relation of a British writer, 
in a review of Id. North's administration : I do this, because it appears to me, generally, to pre- 
sent a statement of facts, sufficiently ample and correct, for the purpose of this compilation ; 
and in many respects, supplies what is wanting in other books, especially in its summary of de- 
bates in the British parliament, on the important bills which passed in the beginning of the year 
1774, in consequence of the proceedings at Boston and other places, relative to the " tea ships," 
upon their arrival in Dec. 1773. (1) 

It will be remembered, the parliament which passed the act of June in this year, was prorogued 
in July: They met again in session Jan. 13, 1774, (after the destruction of the tea,) and the wri- 
ter is reviewing the acts of this last session, but commences (as is observed in the note below) with 
some general remarks on American affairs, as far back as 1770, in order that the ministers' strong 
bills, passed in the session of 1774, in consequence of the opposition at Boston and other places, 
in regard to the " tea " in Decern, preceding, might be better understood. 

I extract from him what follows. 

" The period at which we are now arrived, is the meridian splendour of Lord North's min- 
istry ; his conquests in the east (2) were as extensive as those of Alexander, and effected with 

(1) Although I have adopted this account, great care has been taken to supply dates, and in 
particular, to add to and correct many omissions and deficiencies, in reference to the statutes, and 
particular facts. 

And 1 may here mention, once for cdl, that it has been no small labour, to effect this, through- 
out the whole of the period comprised in these notes ,• and I cannot but flatter myself, ivhatever 
yet remains imperfect, and though I may have fallen into some errors, the particular chronol- 
ogy of events, and references to the statute book, -will be found in no small degree improved. 

The inaccuracy, 'and even omission of dales, is wonderful, tending much to mislead or leave 
the reader doubtful ; these I have endeavoured to ascertain by variozis readings : in regard to 
the statutes, they are most imperfectly stated; 1 have gone over the -whole and supplied -what 
■was -wanting, sometimes in a note, and at others in the text, and have given the volume, the 
year, and even the day, -when tlie act passed; a thing not easily found out. 

In taking the account bet-ween June 1773, -wlien the "India tea bill" passed, to Sep 1774, 
from this author, it -will be discovered there is some repetition; He commences -with 1770, in 
'/lis observations on American affairs, and of course, between that and June 1773, when the 
'* India tea act" passed, refers to subjects -which has before been treated of, but lie is very brief 
on these, and soon comes to the point of time, viz. June i773, to -wMch my preceding notes have 
brought tlie narrative. 

(2) Alluding to his famous "East India Government" bill, passed in June 1773, after great 
opposition. 



I [1773, June.] HISTORICAL NOTES, &c. 59 

no less rapidity ; but then he needed not, like that monareh, to weep that he had no other world 
to conquer : the -western hemisphere opened to his view a prospect, different indeed, but not less 
extensive, and equally demanding the abilities of a great minister. A controlling power, over two 
such extensive, rich, fruitful, and populous territories as Hindostan and North America, conveys 
a stupendous idea of human authority and power, which no other country ever possessed, and which 
no other minister ever exercised. 

"The points to be attained in the different countries, were as opposite as the climate which pre- 
vailed in each. In the East-Indies the object was, to repress a spirit of rapacity, oppression, and 
tyranny, which led men in power to violate the rights of humanity without remorse or limitation ; 
in the western region, the professed purpose was, to check and repress an exuberance of free- 
dom, proceeding from active industry, unassuming equality, and general happiness. We have 
already seen the conduct pursued towards our eastern possessions, it remains that we now speak 
of the other section of the globe. 

" The colonies and mother country presented at this time, in strong opposition, the linea- 
ments of their different ages. Great Britain, grown old in prosperity — become wealthy, proud, 
assuming — impatient of every restraint, or of the slightest contravention of her mandates ; but 
at the same time, improvident and lavish — an apostate from those principles to which she 
had been habitually attached — indifferent to the welfare of others— mistaken in what constituted 
her own. 

"America, on the other hand, rising in all the vigour of advancing maturity, without specie, 
but rich in the products of a genial soil, the labours of a hardy race of seamen, and a growing 
commerce. The want of the precious metals, though attended with some inconveniencies, con- 
tributed greatly to fix the character and manners of the people. It served to place happiness 
rather in what was to be enjoyed, than in what was to be amassed. Avarice appeared in all 
its deformity, in the eyes of a people who had no titled greatness to aspire to, and with whom, 
honest industry was a security against extreme necessity. In such a country, and in such an age, 
a man possessing a philosophick and reflecting mind would wish to live ; and there have been 
times, in which it would have been considered as the glory and happiness of a prince, to reign 
over subjects so free, so increasing, and so happy, ere the science of finance gave oppression a 
new form. But America was much more at her ease than England, and she must be brought to 
contribute a reasonable proportion to the necessities of the present state, whence originated the 
beloved idea of subjecting America to internal taxation. Her population too, increased in a more 
rapid degree than any other country had been known to do. 

"According to estimates made, which have never been controverted, some of the North 
American Colonies double their inhabitants in sixteen years ; whilst the population of the British 
Isles, is not supposed to be on the advance. From hence it was self-evident, that the colonies in 
a much shorter time than fifty years, would be equal in population to the mother-country, per- 
haps much more populous ; and when arrived at such an height, what probability was there that 
the present subordination would continue ? 

" So long ago as the year 1733, an act was passed, (1) which laid certain duties on all foreign 
spirits, molasses, and sugars imported into the plantations ; these tmposts were submitted to, and 
the distinction between commercial regulations and internal taxation was not dwelt on, until the 
fatal introduction of the stamp-act ; 'which, upon every principle of national interest, without con- 
sidering the question of legal right, or the expediency of exerting the power, should either have 
been inflexibly adhered to, or that kind of taxation abandoned for ever. The evil genius of this 
country, caused neither the one nor the other to happen. The stamp act(2) was repealed, and a 
duty was laid upon teas, and various other articles imported into America.(3) This was no more 
an internal tax than the former one on sugars ; indeed, the duties last levied were on merchandize 
from Great Britain, the others on foreign products ; but the Americans chose so to consider it, and 
many other causes of discontent prevailed. 

"Had Great Britain at that time, been distinguished for publick spirit, love of liberty, and 
scrupulous attention to a rigid (economy in the expenditure of publick money, the effects of which 

(1) 6 Geo. 2. It will be remembered, this act was continued by the act o/5thAp. 1764, -which 
last act then took the name of the "sugar act,-'" and in fact, was the first direct revenue bill, 
laying duties on many articles, a?id for the avowed purpose of taxing the colonies. See p. 
16. ante. 

(2) Passed, Mar. 1765. Seep. 19. &c repealed, Mar. 1766. (3) Passed, June 1707. See 
p. 27. &c. repealed, Jp. 1770, in part, 



60 [1773, June.] HISTORICAL NOTES, &c. 

appeared in seizing every proper means of reducing the national debt ; and had the Americans; 
been called upon by an administration pursuing such views, to contribute to such a purpose; theirl 
feelings would not have revolted from the demand. Indeed, they did not dispute the proprietyf 
of the mother country making a requisition, they only asked to be permitted to raise the contri- 
bution by acts of their own assemblies. Had such a mode been assented to here, the opposite 
extremities of the Atlantick would have been united in one common cause, and the British con-t 
stitution would have grown permanent, even from age itself. Mutual confidence, could alone J 
build up such a fabrick: for although the two countries were united by common ancestry ; by parti-| 
cipatingin the same free constitution of government; by professing the tenets of protestantism ; by- 
commercial and friendly intercourse, and the exchange of reciprocal benefits; yet they were| 
separated by an ocean of three thousand miles expanse, which, whilst it promoted that amicable! 
commercial intercourse, created distinct interests in the two countries, which began to foment [ 
jealousies and mutual disgust. Each country reasoned according to the opinions most prevalent i 
there, and every age has its leading sentiments. 

"The one carried the principles of civil liberty and the natural rights of mankind, to a great ! 
height ; the other was no less tenacious of the doctrine of subordination to the parent state, and | 
submission to the regulations made by the legislature. Had the contest arisen half a century | 
ago, many of the arguments which were urged on each side would not then have been produced. | 
A government founded on the principles of freedom, could not possibly be brought into a more j 
perplexing situation, than that into which the dispute with the colonies threw Great Britain. J 
Perhaps no sovereign ever swayed the sceptre of these realms, that was any way equal to the J 
object to be effected, except queen Elizabeth. That great princess, who came to the throne at 
a most critical period, knew how to accommodate herself to the temper of the times. She pos- 
sessed all the soothing arts which are calculated to persuade, and knew as well, both when and 
how, to enforce obedience. She was served by some of the ablest statesmen that this country 
ever produced, and extended her views more into futurity, than any one of her successors, the 
great Nassau only excepted. 

" A general dissatisfaction prevailed in America, (in consequence of the act laying duties in 
1764, and 1767,) and agreements had been entered into, not to import any merchandize from 
Great Britain, which had greatly affected the commerce of this country, although these engage- 
ments were not strictly observed on the part of the Americans. Their governors, who were ap- 
pointed by the crown, but paid by the people, were unanimous in their manner of representing 
the spirit of opposition which prevailed among the colonies. Iu each province, contentions be- 
tween the governor and the house of representatives were frequent, and obstructed the publick 
business in every session. 

"The New England provinces were the most forward in these disputes, and in the Massachu- 
setts Bay, they arose to the greatest height. There, no terms had been kept for a considerable 
time between Sir Francis Bernard, the governor, and the assembly ; whilst each charged the 
other with being the cause of the dissentions. In the year 1770, that gentleman was recalled, 
and Mr. Thomas Hutchinson, a native of America, and lieutenant-governor, succeeded him; 
whereupon Mr. Andrew Oliver, also by birth an American, who was secretary of the province, 
became lieutenant-governor. Some letters which were written by these gentlemen, to persons 
in power and office in England, in the years 1768 and 1769, happened to be procured by Dr. 
Franklin, who resided in London as agent for the house of representatives of the Massachu- 
setts Bay, and were by him transmitted to Boston. (1) 

" Many passages in these letters gave great offence to the Bostonians, particularly the following 
in one of governor Hutchinson's letters; 'I never think of the measures necessary for the peace 
and good order of the eolonies, without pain. There must be an abridgement of -what are called 
English liberties. I relieve myself by considering, that in a remove from the state of nature to 
the most perfect state of government, there must be a great restraint of natural liberty. I doubt 
whether it is possible to project a system of government, in which a colony three thousand miles 
distant from the parent state, shall enjoy all the liberty of the parent state. I am certain I have 

(1) The manner of his procuring them, gave rise to many conjectures, and some obloquy ; 
but -without any just reason, as might be presumed, and as a late development has evinced ; — 
Mr. Hutchinson was a man of talents, and a politician ; his "plan for a union of the colonies 
under a federal government," draivn up by him in 1754, but rejected by ministers as too po- 
ptdar, by leaving the poiver of taxation in the representatives of the people, is a very ablepTO' 
duction, and almost a prototype of the federal constitution of 178". See ante 12, 13, &c. 



j [1773, Dec] HISTORICAL NOTES, &c. 61 

never yet seen the projection. I wish the good of the colony, when I wish to see some farther 
restraint of liberty, ratlier than the connexion with the parent state should be broken; for I am 
sure, such a breach must be the ruin of the colony.' 

" Speaking of the combination of the American merchants, he says, ' But it is not possible that 
provision for dissolving these combinations, and subjecting all who do not renounce them to pe- 
nalties adequate to the offence, should not be made, the first week the parliament meets. Cer- 
tainty, all parties will unite in so extraordinary a case, if they never do in any other.' 

" In consequence of the discovery of these letters, an address from the representatives of Mas- 
sachusetts Bay to the king, was transmitted from Boston to their agent, and by him delivered to 
the Americau secretary, {August, 1773.) In it they petition his majesty to remove their govern- 
or and lieutenant-governor, whose conduct had a natural and efficacious tendency to interrupt 
and alienate the affections of his majesty, whom they style their rightful sovereign, from his loyal 
province, and to destroy all harmony and good-will between Great Britain and the colonies. 
They likewise charge their governor and his lieutenant, with having been among the chief instru- 
ments in introducing a fleet and an army into the province, to establish and perpetuate their plans. 
This address was afterwards laid before a committee of the privy council, who reported the 
charges in the petition to be groundless, vexatious and scandalous, and that the petition ought to be 
dismissed. 

" It has been already observed, that an act of parliament was passed towards the close of the last 
session, \June, 1773.] enabling the East India company to export teas duty free. In couse- 
quence of which, the company resolved upon a mode of trade which they had never before adopt- 
ed, and instead of disposing of their teas at publick sale, freighted several ships for the American 
colonies, on their own account, and appointed agents there for the disposal of their cargoes. 

" Many strong reasons were urged against this measure. It could not be expected to afford the 
company any relief from their present embarrassments, as the returns would not be made expe- 
ditiously, nor perhaps punctually, even if the teas should find as good a market as the most 
strenuous adviser of the measure could expect. But if the excess of their stock of teas was dispo- 
sed of at publick sale, the merchants would become purchasers to a very large amount, and the 
time of payment could, in that case, be ascertained. It was even calculated, that a sum of money 
might be raised by that means, sufficient to extricate the company from their difficulties. A gen- 
tleman distinguished for his abilities, and who was well acquainted with the disposition of the 
Americans, as well as the interests of the company, (gov. Johnstone,) told the chairman, that the 
company were criminally absurd, because they were presenting themselves as the butt in the con- 
troversy, where they would probably come off with the loss of all their merchandize. However, 
it was the favourite plan of administration, that the company should become their own factors. 

♦'Notwithstanding the colonies actually received their teas at 9d. a pound cheaper than they had 
formerly done, yet they were not thereby induced to purchase them. They said, that the East- 
India company were quitting their usual line of conduct, and wantonly becoming the instrument 
to give efficacy to an odious law. Throughout the colonies, the most violent opposition to the 
landing of the teas prevailed, and without any interchange of sentiment, every port-town along 
that extensive coast was actuated by the same spirit. 

" When the tea-ships were expected to arrive, the agents appointed to receive them were 
compelled to renounce their engagements, and solemnly bind themselves not to act : the people 
delegated committees in different towns and provinces, to whom they gave the most extensive 
powers. Merchants were compelled to submit their books to the inspection of these regulators, 
who assumed the power of imposing tests, and inflicting punishments on such as opposed their 
proceedings. A custom-house officer, named Malcolm, was tarred and feathered, and in that 
manner led about the town of Boston. These violent measures were not confined to those places 
which had shown the most active disposition to contend with the mother-country, the more peace- 
able and orderly provinces, on this occasion, departed from their former principles, and became 
equally violent in opposing the landing of the teas. 

\Becember, 1773,] "When three of the company's ships arrived at Boston, (I) the captains, 
alarmed at the spirit which prevailed among the people, offered to return to England, without land- 
ing their cargoes, if they could obtain the proper discharges from the tea-consignees, the custom- 
house and the governor : but though these officers would not venture to land the tea, yet they re- 

(1) The author here commences -with the consequences of the tea act, o/Jwxe in this year, to 
•xhich pemd my notes had arrived. 

8 



62 [1774, Jan.] HISTORICAL NOTES, &c. 

fused the captains a discharge, whilst their cargoes remained on hoard, for the delivery of which 
the)' were chartered hy the company. 

[Dec. IS?.] "The night after the governor had given his refusal, a number of armed men, 
disguised like Mohawk Indians, -went on board the ships, and, in less than four hours, emptied 
every chest of tea on board the ships, amounting to three hundred and forty-two, into the sea, 
without the least damage done to the ships, or any other property ; which having done, they re- 
tired. It is remarkable, that the governor, the civil power, the garrison of Fort William, and the 
armed shi^s in the harbour, were totally inactive on this occasion. (1) 

" At all the other American ports, where tea-ships arrived, the inhabitants obliged the captains 
to return without breaking bulk, (as the people of Boston were desirous of doing) except at 
Charleston m South Carolina, where the teas were landed and put into a damp cellar, whereby 
the whole became rotten and useless.(2) 

" [Jan. 13, 1774.] His majesty opened the session of parliament with a speech from the throne, 
before the news of this outrage had arrived. In it he observed, that the state of foreign affairs 
afforded full leisure for the legislature, to attend to the improvement of our internal and domestick 
situation, and to the prosecution of such measures as more immediately respected, the preservation 

(1) A letter -was afterwards read in the house of commons, from col. Leslie, who commanded 
at Boston at that time, in ■which he said, that neither the governor, the council, nor any of the 
custom-house officers had applied to him for assistance. If they had, he could most certainly 
have put a stop to all the riots and violences, but not -without blood-shed, firing upon the town, and 
killing some innocent people. 

(2) It should be remembered, that at this time in most of the colonies, a regular corresponding : | 
committee -was in commission. These committees were appointed, by the assemblies of the seve- I 
ral provinces .-—similar corresponding delegations, had been kept tip during the periods of the I 
" stamp and glass acts," &c. down to 1770. They were at the beginning of this year [1773,] I 
and before any idea of the "India co. tea bill" existed, re-organized under a recommendation 
from the " house of 'burgesses of Virginia:" In the beginning of March, this body appointed a 1 
committee of '11 persons, "'whose business it should be to obtain the most early and authentick I 
intelligence of all such acts and resolutions of the British parliament, or proceedings of admin- j 
istration, as may relate to or affect the British colonies, and to keep up and maintain a corres- ■■ I 
pondence and communication with their sister colonies? They then resolved, * That their speaker ' 
transmit to the speakers of the different assemblies their resolutions, to be laid before their assem- I 
blies, andrequesting their appointing committees?" 

f_May 28.] The Massachusetts assembly f idly concurred in this measure, a?id after approving 
tfthe highly patriotick spirit, and independent foresight of Virginia, " appointed a committee of j 
fifteen members, and directed them ' to prepare a circular letter to the speakers, requesting them 1 1 
to lay the same before their respective assemblies, in confidence, that they will comply with the ! I 
wise and salutary resolves, of the house of burgesses of Virginia.'" 

A minute account of proceedings in several sea ports, a?id in the country, after the bill passed, I 
and tlw measures taken to effect the return, or destruction of the "tea ships," 'when they should \\ 
arrive, may be found in 1 Gord. 216, et. seq. 

The following summary of this transaction, is extracted from 2 Marsh. 153, &c. 
" The crisis now approached ,- and the conduct of the colonies, in this precise point of time j 
was, to determine, whether they would submit to be taxed by the British parliament, or meet the '• I 
consequences of a practical application to their situation, of the opinions they had maintained. \\ 
If the tea should be landed it would be sold, the duties would consequently bepaid, and the pre- j 
cedent for taxing them established, the opposition to which would, it was feared, become every : I 
day less and less. The same sentiment on this subject, appears to have pervaded the whole conti- I 
nent at the same time. This minister al plan of importation, was every where considered as a 
direct attack on the liberties of the people of America, which it was the duty of all to oppose. 
A violent ferment was every where excited; the corresponding committees were extremely ac- 
tive ; and it was almost universally declared, that -whoever should, directly or indirectly, coun- I 
tenance this dangerous invasion of their rights, was an vnemy to his country. The consignees 
were generally compelled to relinquishtheir appointments; and in most instances, the ships bring- 
ing- the tea, were obliged to return with it. 

In Charleston, after much oppositioii, the tea was permitted to be landed, but was immediately 
lodged in damp cellars, where it long remained and was finally spoiled. 

At Boston, the people i?i a meeting, adopted the spirited resolutions which had before been i 
entered into in Philadelphia, and appointed a committee to wait on the consignees to request 
their resignation. This request not being complied with, another large meeting assembled at 
Faneidl hall, where it was voted with acclamations " that the tea shall not be landed, that no 
duty shall be paid, and that it shall be sent back in the same bottoms." With a foreboding 
of the probable consequences of the measure about to be adopted, and a vrish that those con- 
sequences should be seriously contemplated, a leading member, Mr. Qztincy, thus addressed the 
meeting. 

" It is not, Mr. Moderator, the spirit that vapours within these walls, that must stand us 
instead. The exertions of this day will call forth events, which will make a very different 
spirit necessary for our salvation. "Whoever supposes, that shouts and hosannas will terminate 



[1774, Mar.] HISTORICAL NOTES, &c. 63 

and advancement of the revenue and commerce of this kingdom : among these objects, the state 
of the gold coin was particularly recommended to the attention of parliament. 

" The house sat near two months before any measures were taken concerning the affairs of 
America, notwithstanding the alarming advices which had been received from thence soon after 
its assembling. At length [March 7,] the premier delivered a message from his majesty, inform- 
ing the house, • that in consequence of the unwarrantable practices carried on in North America, 
and particularly of the violent and outrageous proceedings at the town and port of Boston, with a 
view of obstructing the commerce of this kingdom, and upon grounds and pretences immediately 
subversive of the constitution, it was thought fit to lay the whole matter before parliament; fully 
confiding, as well in their zeal for the maintenance of his majesty's authority, as in their attachment 
to the common interest and welfare of all his dominions; that they would not only enable him ef- 
fectually to take such measures, as may be most likely to put an immediate stop to these disorders, 
but would also take into their most serious consideration, what farther regulations and permanent 
provisions may be necessary to be, established, for better securing the execution of the laws, and 
the just dependence of the colonies upon the crown and parliament of Great Britain.' 

"Immediately after the delivery of this message, upwards of one hundred papers respecting 
American affairs were brought up ; they consisted of copies and extracts of letters from the differ- 

the trials of the day, entertains a childish fancy. We must be grossly ignorant of the importance 
and value of the prize for -which -we contend; -we must be equally ignorant of the power of 
those who have combined against lis ; we must be blind to that malice, inveteracy, and insatiable 
revenge, -winch actuate our enemies publick and private, abroad, and in our bosom, to hope that 
toe shall end this controversy -without the sharpest, sharpest conflicts — to flatter ourselves that 
popular resolves, popular harangues, popular acclamations, and popular vapour, -will vanquish 
our foes. Let us consider the issue. Let us look to the end. Let us -weigh and consider, be- 
fore -we advance to those measures, which must bring on the most trying and terrible struggle 
this country ever sa-w." 

The question -was again put, and passedwithout a negative. 

Aware of the approaching danger, the captain of the vessel was desirous of returning, and 
applied to the governor for a clearance ; he, affecting a rigid regard to the letter of his duty, 
declined giving one, unless the vessel should be properly qualified at the custom house. This 
answer being reported to the meeting, it -was declared to be dissolved; and an immense crowd 
repaired to the quay, where a number of the most resolute, disguised like Mohawk Indians, 
boarded the vessels, and in about two hours, broke open three hundred and forty-two chests 
of tea, and discharged their contents into the ocean. 

These proceedings of the colonists were laid before parliament, in a message from tlie crown, 
and a very high and general indignation was excited in that body, by the outrages stated to 
have been committed. They expressed, almost unanimously, their approbation of the measures 
adopted by his majesty, and gave the most explicit assurances, that they would not fail to ex~ 
ert every means in their power, effectually to provide for the due execution of the laws, and 
to secure the dependence of the colonies, upon the crown and parliament of Great Britain. 
The temper, both of the house and of the nation, was now entirely favourable to the high handed 
syste7n of coercion proposed by ministers, and that temper was not permitted to pass away with- 
out being employed to advantage. A bill was soon brought in "for discontinuing the lading 
and shipping of goods, wares, and merchandizes, at Boston or the harbour thereof, and for the 
removal of the custom house with its dependencies, to the town of Salem." This bill was to 
continue in force, not only until compensation should be made to the East India company for 
the damage sustained, but until the king in council should declare himself satisfied, as to the 
restoration of peace atidgood order in the town. It passed both houses without a division, and 
almost without opposition. 

Soon after this, a bill was brought in for better regulating the government of the province of 
Massac'lntsetts Bay. By tfiis act, the charier was totally subverted, and the nomination of 
councillors, and of all magistrates and officers, vested in the crown. The persons thus appoint- 
ed, were to hold their offices during the royal pleasure. This bill also was carried through both 
houses by great majorities, but not without a vigorous opposition and an animated debate. 

The next measure proposed was, a bill for the impartial administration of justice in the 
province of Massachusetts Bay. It provided " that in case any person should be indicted, in 
that province, for murder or any other capital offence, and it should appear by information 
given on oath to the governor, that the fact was committed in the exercise or aid of magistracy 
in suppressing riots, and that a fair trial could not be had in the province, he should send the 
person so indicted to any other colony, or to Great Britain, to be tried? This act was to con- 
tinue in force four years, and was, as an English writer observes, the counterpart of the ob- 
solete and tyrannical act of Henry VllL lately revived, for the trial in Great Britain of treasons 
committed in America. 

A bill was also passed for quartering soldiers on the inhabitants, and the system was com- 
pleted by an act, for making more effectual, provision for the government of the province of 
Qv.ebec. This bill extended the limits of that province, so as to include the territory between 
the Lakes, the Ohio, and the Mississippi ; and, which -was its most exceptionable feature, esta- 
blished a legislative council to be appointed by the crown. 



64 [1774, Mar.] HISTORICAL NOTES, &c. 

ent magistrates and officers in America ; the votes and resolutions of the inhabitants of BosfOR , 
with many other authentick documents. 

[March 14.] "An address being returned to his majesty, strongly expressing the readiness of 
the house to comply with the purport of the royal message, the minister soon after moved for 
leave to bring in a bill, f for the immediate removal of the officers concerned in the collection and 
management of his majesty's duties and customs, from the town of Boston, in the province of the 
Massachusetts Bay, in North America ; and to discontinue the landing and discharging, lading 
and shipping of goods, -wares and merchandize, at the said toimi of Boston, or within the harbour 
thereof '(I) His lordship entered into a justification of the governor's conduct, whom he descri- p 
bed to have taken every method which discretion dictated, or good policy authorised, for the se- 
curity of the East India company's property, the safety of the consignees, and the preserving of 
order and quiet in the town. The military force in the castle, and the ships of war in the harbour, 
might indeed have been called in to save the tea from destruction ; but as the leading men in 
Boston had always made great complaints of the interposition of the army and navy, and charged 
all disturbances of every sort to their account ; he, with great prudence and temperance, determin- 
ed from the beginning to decline a measure, which would have been so irritating to the minds of j 
the people ; and might well have hoped, that by this confidence in their conduct, and trust reposed 
in the civil power, he should have calmed their turbulence, and preserved the publick tranquillity. 

"He said, it was henceforth impossible for our commerce to be safe in the harbour of Boston, 
and it was highly necessary that some port should be found for the landing of our merchandize, 
That it was no new thing for a whole town to be fined, although thereby some few innocent indi- 
viduals might suffer, when the authority of such a town had been, as it were, asleep and inactive. 
He instanced the city of London in king Charles II. time, when Dr. Lamb was killed by unknown 
persons, the city was fined for it; (2) and the case of Edinburgh, in Captain Porteous's affair, when 
a fine was set upon the whole city ; and also at Glasgow, where the house of Mr. Campbell was 
pulled down, part of the revenue of the town was sequestered to make good the damage. Boston* 
he observed, was much more criminal than either of the three cities he had mentioned, for that 
town had been upwards of seven years in riot and confusion : all the disturbances in America, he 
said, had originated there. 

"The lord-mayor of London, (Mr. Bull,) presented a petition of several natives and inhabitants 
of North America, then in London, which stated it to be an inviolable rule of natural justice, that 
no man should be condemned unheard ; and that according to law, no person or persons can be 
judged without being called upon to answer, and being permitted to hear the evidence againsi 
them, and to make their defence. If judgment be immediately to follow an accusation against the 
people of America, supported by persons notoriously at enmity with them, the accused unac- 
quainted with the charge, and from the nature of their situation utterly incapable of answering 
and defending themselves, every fence against false accusation will be pulled down. 

"They asked, by what rule of justice can the town be punished for a civil injury, committed 

(1) 12 Stat. 47. 14 Geo. 3. c. 19. it received the royal assent, March 31, 1774. 

(2) The fine imposed -was 6000Z. Bis lordship herein committed an anachronism, it happened 
in the reign of Charles I. in the year 1628. Lamb, a creature of the duke of Buckingham, at 
the time ishen the house of Commons -were framing a remonstrance to the throne against that 
favourite, and -which occasioned the hasty prorogation of parliament, was set upon in the streets 
'of London by the rabble, and so roughly beat, that he died of his bruises the next morning, hi 

consequence of which, the Lord-mayor and aldermen were sent for to appear at the council table, 
and were there examined, and at first threatened that they should loose their charter, if they did 
not discover and deliver up, the principal agents in the uproar; however, the offence was after- 
wards expiated by afine. Kennet, Echard, Hume, take no notice of this transaction. 
Buckingham about two months after was stabbed at Ports?nouth. 

The propriety of adducing this instance of amercement, to justify a measure still more violent, 
although carried into execution, in an age when the rights of individuals, as well as of publick 
bodies, were fully ascertained, may be strongly objected to. It is authentically transmitted to us, 
that Sir Francis Seymour, a member of the hotise of Co?nmons, not many days before this riot, 
had said in that assembly, when the supplies had been debated upon, "How can we speak of 
giving, till we know whether we have any thing to give ,- for if his majesty may be persuaded to 
take what he will, what need we give ?" He then enumerated the arbitrary acts which had been 
exercised against the subject, and said, " To countenance these proceedings, hath it not been 
preached, in the pulpit, or rather prated, that all we have is the king's by divine right ?" And Sir 
Robert Phillips on the same occasion, said, " The grieva?ices by which we are oppressed, I draw 
under two heads; acts of power against law, and the judgment of lawyers against our liberty ." 
Eushworth's Hist Collections, Vol 1. Franklyn's Annals, 



[1774, Mar.] HISTORICAL NOTES, &c. 65 

by persons not known to belong to it ? The petitioners conceive that there is not an instance, even 
in the most arbitrary times, in which a city was punished by parliamentary authority without being 
1 heard, for a civil offence, not committed within their jurisdiction, and without redress having been. 
I sought at common law. The instance brought of the city of London, was for a murder committed 
! -within its walls, by its citizens, in open day : but in this case, arbitrary as the times were, the trial 
was publick ; in a court of common law, the party heard, and the law laid down by the judges. In 
! the case of Edinburgh indeed, parliament did interpose : but this was to punish the commission 
! of an attrocious murder, within her gates ; and aggravated by an overt act of high treason, in 
j executing against the express will of the crown, the king's laws. Both these cities had by charter, 
the whole executive power within themselves ; and in both cases, full time was allowed them to 
discharge their duty, and they were heard in their defence. But neither has time been allowed 
in this case ; nor is the accused heard ; nor is Boston a walled town ; nor was the fact committed 
within it ; nor is the executive power in its hands, as it is in those of London and Edinburgh. On 
the contrary, the governor himself holds that power, and has been advised by his majesty's council 
to carry it into execution. If it has been neglected, he alone is answerable : and perhaps, the due 
course of law is operating there to the discovery and prosecution of the real offenders. The peti- 
tion strongly insisted on the excessive rigour and injustice of the act, its tendency to alienate the 
affections of America from this country, and that her attachments cannot long survive the justice 
of Great Britain. 

" The reply to the pleas urged in this petition was, that the case called for immediate re» 
dress ; it was unbecoming the dignity of parliament, to suffer chicane and subterfuge to evade 
the execution of substantial justice. It was asked, if the house doubted either the reality or de- 
gree of the offence, or of their own competency to inquire into and punish it ? Lord North would 
not undertake to say, what would be the consequence or event of this measure, but he was strongly 
of opinion it would be salutary and effectual. 

" Little opposition was shown to the bill at its introduction, but on its third reading, strong ef- 
forts were made to change the sentiments of the house. 

" Governor Johnstone predicted to the house, that the effect of this bill must be, a general con- 
federacy to resist the power of this country. He called it, irritating. — tempting — nay, inviting men 
to those deeds by ineffectual expedients; the aberrations of an undecisive mind, incapable of com- 
prehending the chain of consequences which must result from such a law. The question of taxing 
America, he said, was sufficiently nice to palliate resistance, if the subject had never been disputed 
in this country : but after the highest characters of the state had declared, against the right of this 
country to impose taxes on America, for the purpose of revenue ; after the general voice of the 
senate had concurred in repealing the stamp act upon that principle, there is so much mitigation 
to be pleaded in favour of the Americans from this circumstance, allowing them in an error at 
present, that it will be the height of cruelty to enforce contrary maxims with any degree of seve- 
rity, at first, before due warning is given. 

«' It is in vain to say that Boston is more culpable than the other colonies. Sending the ships 
away, and obliging them to return to England, is a more solemn and deliberate act of resistance, 
than the outrage committed by persons in disguise, in the night, when the ships refused to depart. 
In extending this kind of punishment to the other colonies, every one must see the danger; and 
yet, if it can be approved for one, the same arguments will apply to others. If a similar punish- 
ment were applied to the colony of Virginia, the revenue would be reduced 300,0001. a year, 
besides the loss of all foreign contracts, and perhaps, of that beneficial trade for ever. Those gen- 
tlemen, he continued, who are in the secrets of the cabinet, and know how assuredly every pro- 
position from thence is adopted by this house, may be warranted in their sanguine acclamations 
in favour of this measure ; but the general mass, who must be equally ignorant with myself of 
what is to follow, can have no excuse for giving their assent so readily, for punishing their fellow 
subjects in so unprecedented a manner ; and their eager zeal serves only to show, how ready they 
are to obey the will of another, without exercising their own judgment in the case. My opinion 
is, that if coercive measures are to be adopted, an effectual force should be immediately carried 
into the heart of the colony resisting, to crush rebellion in the bud, before a general confederacy 
can be formed. For my own part, I am convinced from experience in the colonies, that good 
government may be maintained there, upon rational grounds, as well as in this country. 

" That the power of restoring the port of Boston to its former rights, should be absolutely vested 
in the crown, was objected to. Is it necessary, it was asked, either for punishment of the Bosto- 
uians, or for satisfaction to the East-India company ? Such a regulation could only be made, for 



66 [1774, April.] HISTORICAL NOTES, &c. 

the purpose of establishing a precedent, of delivering over whole towns and communities to an 
arbitrary discretion in the crown. Until now, no precedent could be produced, of a maritime 
city being deprived of its port, and then left to the mercy of the crown, to restore the port or 
not, at pleasure. 

"No division took place, and the bill was immediately carried to the lords. 

"In the debate on this bill, Mr. Charles Fox appeared, for the first time, among the minority. 
In the course of this session, he had shown himself adverse to the opinions of the first lord of the 
treasury, and about the time when this bill began to be agitated, he quitted his seat at the treasury. 

"In the house of lords, the earl of Shelburne took an active part in opposing the bill. He pre- j| 10 
sented to that house, a similar petition to that which had been laid before the house of commons, [L 
from the natives of America, residing in and about London. The bill was supported by the lords 
Mansfield, Gower, Lyttleton, Weymouth, and Suffolk ; and opposed by the dukes of Richmond j 
and Manchester, the marquis of Rockingham, the lords Camden, Shelburne, and Stair. It passed i 
the house the 30th of March, only five days after it was brought in, and received the royal assent | 
the next day. j 

" The bill enacted, " that from and after the 1st of June, 1774, it shall not be lawful for any 



person, to ship for exportation, to any county, province, or place -whatsoever, goods jrom any quay, 
or -wharf, -within the town or harbour of Boston „• nor are goods, -wares, or merchandize, brought 
from any other country, province or place, to be landed there, under pain of the forfeiture of the 
saidgoods, and of the boat, lighter, or vessel, out of-wlvich they may be taken. When quay-men and 
others violate the act, to forfeit treble the value of the vessel and merchandize, he. no person to 
prosecute for the forfeiture, but commissioned officers of the navy or customs, &c. and jurisdiction 
is given to the admiralty courts, &c. 14 days allowed to such ships or vessels as may happen to 
be in the harbour of Boston, on or before the 1st of June. When it shall be made to appear to 
his majesty in council, that peace and obedience to the laws shall be so far restored in the town j 
of Boston, as that the trade of Great Britain may be safely carried on there, and the customs duly j 
collected ; if his majesty in council shall judge the same to be true, he may, by proclamation, or I 
order of council, assign and appoint the extent, bounds, and limits of the port or harbour of Boston, j 
and of every creek or haven within the same ; and so many quays and wharves for the landing and 
shipping of goods as he shall judge fit and expedient, after which it shall again become a port, i 
But this restoration of the privileges of the port of Boston, his majesty is not empowered to grant, ' 
until full satisfaction has been made to the East India company, by the inhabitants of Boston, for j 
the damage sustained by the destruction of their goods ; and to the officers of revenue and others, | 
who suffered by the riots and insurrections, in the several months of November, December, and 
January " 

\Ap. 15.] " Whilst the Boston port bill was depending in the house of lords, the prime minis- 
ter, in the other house, proceeded farther to develope the plan concerted by government for the 
subjugation of the refractory colonies, by moving for leave to bring in a bill ' relative to the Mas- 
sachusetts Bay,' and the house being resolved into a committee, his lordship introduced the 
bill,(t) by saying, « that an executive power was much wanted in that province, and that it be- 

(l) XII Stat. 84. 14 Geo. 3. c. 45. passed May 20, 1774. — It recites tlie disturbances, &c. 
and the necessity of altering the charter, granted 3 of W. & M. to the colony, particularly that 
the governor' 's council, -which by the charter, was to be chosen by the colonial assembly, oiightto 
be appointed by his majesty's comtnissio?i as in other colonies, &c and then enacts, that after 
August 1st so much of the charter shall be revoked; and after that, the council shall be compo- 
sed of such inhabitants of the colony, as Ms majesty by warrant, &c. with the advice of his 
privy council, shall appoint, not exceeding 36, nor less than 12 — to hold their offices during his 
pleasure, &c. 

It also empowers after July 1st, his majesty's governor, to appoint and remove without the 
assent of council, all judges of the courts oj common pleas, commissioners of oyer and terminer, 
attorney general, provosts, marshals, justices of the peace, and other officers", to the council or 
courts of justice belonging ; and that all such newly appointed officers, shall hold and exercise 
their offices in like manner as under the charter of Wm. & Mary : but an exception against 
removal is made, in favour of appointments made before July 1. 

Also after July 1st. it is provided that his majesty's governor may appoint sheriff's, and re- 
move them, without the assent of council ,• as also o?i a vacancy after that day, to appoint the 
cMef justice, and judges of the superior court. 

It provides, that no townmeeting shall be held, except the annual meeting for select men, but 
by leave of the governor : 

That juries shall not be appointed by the freeholders, and summoned by co?istables as before^ 
but by the sheriffs. 



[1774, April.] HISTORICAL NOTES, &c. 67 

came highly necessary to strengthen the hands of magistracy there. The force of civil power con> 
sisted in the posse' comitatus, which was composed of the very people who had committed all the 
riots and outrages which had happened for many years past ; so that the preservation of the 
peace, was not to he looked for from them ; and if the democratick part show that contempt of 
the laws, how is the governor to execute any authority vested in him ? He has not the power of 
appointing magistrates or of removing them ; the council alone have that power, and they are de- 
pendent on the people. His lordship inferred from thence, that there was something radically 
wrong in that constitution. If the governor issued out a proclamation, there could hardly be 
found a magistrate to obey it, and it was necessary to have the concurrence of seven of the council, 
to give validity to an act of the governor. Where there is such a want of civil authority, can it 
be supposed that the military, be they ever so numerous, can be of the least service ? For, con- 
tinued his lordship, I shall always consider a military power, acting under the authority and con- 
trol of a civil magistrate, as a part of the constitution ; but the military alone, ought not to act, 
and cannot do so legally.' 

" He proposed by this bill, to take the executive power from the hands of the democratick part 
of the government in that province, and that the governor should act as a justice of peace, and 
that he should have the power to appoint the officers throughout the whole civil establishment; 
such as the sheriffs, provosts, marshals, &c. the chief justice and judges of the supreme court 
on a vacancy : all which officers should be removeable by his majesty. Town meetings to be de- 
clared illegal, unless held by the special consent of the governor, upon the annual election of cer- 
tain officers which it is the people's province to choose. He proposed to put juries upon a differ- 
ent footing, which regulation he acknowledged to have been suggested by lord George Germaine. 
These regulations he apprehended, would effectually purge that constitution of all its crudities, 
and give strength and spirit to the civil magistracy, and to the executive power.(l) 

[_Ap. 19- ~\ " With a view to qualify these severe acts, some members in the house of com- 
mons, who had assented to the Boston port bill, particularly Mr. Rose Fuller and the Hon. 
Col. Phipps, were of opinion, that something of a conciliatory and redressing nature should accom- 
pany them, as a probable means of rendering them efficacious. The advocates for such a mea- 
sure pleaded, that parliament, whilst it resented the outrages of the American populace, ought 
not to show a disposition to irritate the orderly and well affected part of the colonies. That if 
such had satisfaction in the matter of taxes, they would become instrumental in restraining the 
inferiour and more turbulent from outrages ; and this sacrifice to peace would be at very little 
expense, as the produce of the tax was of no importance to Great Britain. Such arguments were 
meant to pave the way for a motion to repeal the duty upon tea. The debate chiefly turned upon 
the policy of the repeal at this particular time. 

" Lord North denied that the tax was an inconsiderable revenue, and strongly contended, that 
no acts of lenity should accompany their restrictive acts. To repeal at this time, would show- 
such a degree of wavering and inconsistency, as would defeat the good effects of the vigorous 
plan, which, after too long remissness, was at length adopted. Parliament ought to show that it 
will relax in none of its just rights, but enforce them in a practical way. The legislature ought 
to show, that it is provided with sufficient means of making itself obeyed whenever it is resisted. 
If the tax upon tea is repealed, other demands will be made on the part of America, which as 
soon as complied with, will be followed by others, until even America herself is surrendered. If the 
house persisted in that wholesome severity which it had begun to exercise, there was no doubt but 
obedience on the part of the Americans would be the result ; let but Great Britain maintain her 
rights with firmness, then peace and quiet will soon be restored." (2) 

(1) His lordship, by adopting the principle of this bill, went something farther than his great 
grand-father had done in the year 1683. For, when the court was at that time, resolved on de- 
priving the city of London of its charter, tlie merits of the cause were solemnly argued before 
the judges of the court of Icing's bench, who declared the liberties and privileges of the city 
forfeited, and that they might be seized into the king's hand. In consequence of this sentence^ 
the charter of the city was surrendered, which the lord Keeper North, in the king's name, re' 
stored, but tinder such severe restrictions, particidarly with respect to the choice of the lord 
mayor, aldermen, and sheriffs, as left the king absolute master of the government of the city of 
London. The transaction is related at large by Rapin. The city's charter was restored, in 
its fullest extent, at the revolution, and an act of parliament passed to prevent its being re- 
assumed by the crown. (2) North's Admin. 

Also invests the superiour courts, of assize, and common pleas, with a power to strike juries 
before such officers as they may appoint, &c. and many other regulations ; 

In short, the charier w«« destroyed, and the whole executive power, placed in the hands of 
ministry. 



63 [1774, April.] HISTORICAL NOTES, &c. 

It was upon this motion of Mr. Fuller (April 19.) which had been seconded by Mr Burke, j 
that this great commoner delivered his celebrated speech on " American taxation ;" of this 1 
speech, remarks a very competent judge, " Whether we consider it as an exhibition of imagery, . 
lively, gorgeous, elevated, and resplendent; as aluminous exposition of the subject of debate, or j 
as a chain of close argumentation in maintenance of the proposition he recommends ; it is equal, ] 
and perhaps superior, to any specimen of the art, ancient or modern. 

" It has sometimes been objected to the speeches of this celebrated orator, that, though they I 
excel in variety and extent of knowledge, in curious and instructive observations on human na- j 
ture, in the sublime sentiments and reflections of philosophy ; and in the creations of fancy, and 
the embellishments of rhetorick, are unrivalled ; yet, that they are loose and digressive, and hence 
comparatively feeble in producing those convictions for which they were designed. This criticism, 
which, we think, might be very successfully combated, certainly does not apply to the present 
one. The speech on American taxation, is indeed a model, that presents in a greater degree 
than any other, the properties of perfect eloquence. 

" This speech is, moreover, peculiarly interesting, as oontaining a very distinct account of all the 
schemes, which were successively adopted in the government of the plantations, with their causes 
and eonseqences. In the progress of the review he has thought fit, as influencing their measures, 
to describe the characters of the different ministers. These portraits are deserving of the highest 
admiration. They are sketched with the bold conception of Salvator Rosa, and coloured with 
the bright and mellow tints of Claude Lorraine. "(1) 

The object of Mr. Fuller's motion, was to repeal the act of June 1767 entirely, nothing re- 
maining in it (after the partial repeal in Ap. 1770.) but the article of " tea ; " the enforcement of 
which, was bow evidently bringing on a state of civil war. 

As has been seen, the ministerial party contended, that, to repeal the act entirely, after the 
lengths to which things had gone, would be an act of disgraceful pusillanimity; and would not 
satisfy the Americans ; they would take new courage from success, and aim at further concessions, 
the repeal of the " sugar act of 1764," and all the laws which bore hard on them, "regulating 
commerce ;" in short, it would lead to a subversion of all government over them. They insisted 
that the repeal of the stamp act, in 1766, and the partial repeal of this " glass " act in 1770, had 
only tended to produce more faction, and more disposition to throw off all government. Some 
thing also had been said about the preamble to the act of 1767, as asserting it to be expedient to 
raise a revenue. 

Mr. Burke commences his speech in answer to these objections, which had been insisted oa 
by Mr. Cornwall, one of the lords of the treasury: It is not practicable to insert this speech, which 
occupies about 60 oct. pages ; — the following extracts may give some idea of the argumentative 
part, but nothing of the combined energy, wisdom, compass, and eloquence of the whole. 

M The gentleman desires to know, whether, if we were to repeal this tax agreeably to the 
proposition of the honourable gentleman who made the motion, the Americans would not take 
post on this concession, in order to make a new attack on the next body of taxes ; and whether 
they would not call for a repeal of the duty on wine, as loudly as they do now for the repeal of the 
duty on tea ? Sir, I can give no security on this subject. But I will do all that I can, and all that 
can be fairly demanded. To the experience which the honourable gentleman reprobates in one 
instant, and reverts to in the next ; to that experience, without the least wavering or hesitation 
on my part, I steadily appeal ; and would to God there was no other arbiter to decide on the vote, 
With which the house is to conclude this day! 

*' When parliament repealed the stamp act in the year 1766, 1 affirm, first, the Americans did 
not in consequence of this measure call upon you to give up the former parliamentary revenue 
which subsisted in that country; or even any one of the articles which compose it. I affirm also, 
that when departing from the maxims of that repeal, you revived the scheme of taxation, and 
thereby filled the minds of the colonists with new Jealousy, and all sorts of apprehension ; then it 
was that they quarreled with the old taxes, as well as the new ; then it was, and not till then, 
<hat they questioned all the parts of your legislative power ; and by the battery of such questions, 
have shaken the solid structure of this empire to its deepest foundations. 

Of those two propositions I shall, before I have done, give such convincing, such damning proof, 
that however the contrary may be whispered in circles, or bawled in newspapers, they never 
more will dare to raise their voices in this house. I speak with great confidence. I have rea- 
son for it. The ministers are with me. They at least are convinced, that the repeal of the stamp 

(1) Chapman's Speeches. 29. 



tltU, April.] HISTORICAL NOTES, kc. 69 

net had not, and that no repeal can have the consequences which the honourable gentleman who 

I defends their measures is so much alarmed at. To their conduct, I refer him for a conclusive 

answer to his objection. I carry my proof irresitably into the very body of both ministry and 

j parliament; not on any general reasoning growing out of collateral matter, but on the conduct of 

! the honourable gentleman's ministerial friends on the new revenue itself. 

" The act of 1767, which grants this tea duty, sets forth in its preamble, that it was expe- 

; dient to raise a revenue in America, for the support of the civil government there, as well as for 

I purposes still more extensive. To this support the act assigns six branches of duties. About 

; two years after this act passed, the ministry, I mean the present ministry, thought it expedient 

to repeal five, of the duties, and to leave, for reasons best known to themselves, only the sixth 

i standing. Suppose any person, at the time of that repeal, had thus addressed the minister, (1) 

4 Condemning, as you do, the repeal of the stamp act, why do you venture to repeal the duties 

upon glass, paper, and painters' colours ? Let your pretence for the repeal be what it will, are 

you not thoroughly convinced, that your concessions will produce, not satisfaction, but insolence 

in the Americans ; and that the giving up these taxes will necessitate the giving up of all the 

rest ?' This objection was as palpable then as it is now ; and it was as good for preserving the 

five duties as for retaining the sixth. Besides, the minister will recollect, that the repeal of the 

stamp act had but just preceded his repeal ; and the ill policy of that measure (had it been so im- 

politick as it has been represented,) and the mischiefs it produced, were quite recent. Upon the 

principles therefore of the honourable gentleman, upon the principles of the minister himself, the 

minister has nothing at all to answer. He stands condemned by himself, and by all his associates 

old and new, as a destroyer in the first trust of finance, of the revenues ; and in the first rank of 

honour, as the betrayer of the dignity of his country. 

«' Most men, especially great men, do not always know their well-wishers. I come to rescue 
that noble lord out of the hands of those he calls his friends ; and even out of his own. I will do 
him the justice he is denied at home. He has not been this wicked or imprudent man. He knew 
that a repeal had no tendency to produce the mischiefs, which give so much alarm to his honour- 
able friend. His work was not bad in its principle, but imperfect in its execution ; and the mo- 
tion on your paper presses him only to complete a proper plan, which, by some unfortunate and 
unaccountable errour, he had left unfinised. 

" I hope, sir, the honourable gentleman who spoke last, is thoroughly satisfied, and satisfied out 
of the proceedings of ministry on their n W n favourite act. that his fears frnm a repeal are 
groundless. If he is not, I leave him and the noble lord who sits by him, to settle the matter, as 
well as they can, together ; for if the repeal of American taxes destroys all our government in 
America — He is the man ! — and he is the worst of all the repealers, because he is the last 

*' But I hear it rung continually in my ears, now and formerly, — ' the preamble ! what will 
become of the preamble, if you repeal this tax P — I am sorry to be compelled so often to expose 
the calamities and disgraces of parliament. The preamble of this law standing as it now stands,, 
has the lie direct given to it by the provisionary part of the act ; if that can be called provisionary 
•which makes no provision. I should be afraid to express myself in this manner, especially in the 
face of such a formidable array of ability as is now drawn up before me, composed of the ancient 
household troops of that side of the house, and the new recruits from this, if the matter were 
not clear and indisputable. Nothing but truth could give me this firmness : but plain truth and 
clear evidence can be beat down by no ability. The clerk will be so good as to turn to the act, 
•and to read this favourite preamble. 

" (Whereas it is expedient that a revenue should be raised in your majesty's dominions in. 
America, for making a more certain and adequate provision for defraying the charge of the ad- 
ministration of justice, and support of civil government, in such provinces where it shall be found 
necessary ; and towards further defraying the expences of defending, protecting, and securing the 
said dominions.) 

« You have beard this pompous performance. Now where is the revenue which is to do all 
these mighty things ? Five sixths repealed — abandoned— sunk— gone — lost forever. Does the 
poor solitary tea duty support the purposes of this preamble ? Is not the supply there stated aa 
effectually abandoned, as if the tea duty had perished in the general wreck ? Here, Mr. Speaker, 
is a precious mockery — a preamble without an act — taxes granted in order to be repealed— and 
the reasons of the grant still carefully kept up ! This is raising a revenue in America ! This i» 
preserving dignity in England ! If you repeal this tax in compliance with the motion, I readUj- 

(1) Lord North, then chancellor of the exvhe&r, 

r- 9 



70 [1774, April.] HISTORICAL NOTES, &c. 



admit that yoa lose this fair preamble- Estimate your loss in it. The object of the act is gon« j 
already; and all yoa suffer is, the purging the statute book of the opprobium of an empty, absurd,) 
and false recital. 

" It has been said again and again, that the five taxes were repealed on commercial principles. It i 
is so said in the paper in my hand ;(1) a paper which I constantly carry about ; which I have often 
used, and shall often use again. What is got by this paltry pretence of commercial principles ij 
know not; for, if your government in America is destroyed by the repeal of taxes, it is of no con-' 
sequence upon what ideas the repeal is grounded. Repeal this tax too upon commercial princi-| 
pies if you please. These principles will serve as well now as they did formerly. But you know 
that, either your objection to a repeal from these supposed consequences has no validity, or that | 
this pretence never could remove it. This commercial motive never was believed by any man, ] 
either in America, which this letter is meant to sooth, or in England, which it is meant to deceive.) 
It was impossible it should. Because eveiy man, in the least acquainted with the detail of com- 1 
merce, must know, that several of the articles on which the tax was repealed, were fitter objects i 
of duties, than almost any other articles that could possibly be chosen ; without comparison more! 
so, than the tea that was left taxed. 

" Tea is an object of far other importance. Tea is perhaps the most important object, taking, 
it with its necessary connexions, of any in the mighty circle of our commerce. If commercial! 
principles had been the true motives to the repeal, or had they been at all attended to, tea would i 
have been the last article we should have left taxed for a subject of controversy. 

*' Sir, it is not a pleasant consideration ; but nothing in the world can read so awful aed so in- 
structive a lesson, as the conduct of ministry in this business, upon the mischief of not having 
large and liberal ideas in the management of great affairs. Never have the servants of the state 
looked at the whole of your complicated interests in one connected view. They have taken 
things by hits and scraps, some at one time and one pretence, andjsome at another, just as they I 
pressed, without any sort of regard to their relations or dependencies. They never had any kind 1 
of sytsem, right or wrong ; but only invented occasionally some miserable tale for the day, in order i 
meanly to sneak out of difficulties, into which they had proudly strutted. And they were put to 
all these shifts and devices, full of meanness and full of mischief, in order to pilfer piecemeal a ! 
repeal of an act, which they had not the generous courage, when they found and felt their er- 
rour, honourably and fairly to disclaim. By such management, by the irresistable operation of 
feeble councils, so paltry a. sum as threenence in th<> eyes of a financier, so insignificant an article i 
as tea in the eyes of a philosopher, have shaken the pillars of a commercial empire that circled ! 
the whole globe. 

« Do you forget that, in the very last year, you stood on the precipice of general bankruptcy ? 
Your danger was indeed great. You were distressed in the affairs of the East India company ; ! 
and you well know what sort of things are involved in the comprehensive energy of that signifi- 
cant appellation. I am not called upon to enlarge to you on that danger, which you thought 
proper yourselves to aggravate, and to display to the world with all the parade of indiscreet de- ! 
clamation. The monopoly of the most lucrative trades, and the possession of imperial revenues, 
had brought you to the verge of beggary and ruin : such was your representation— such, in some 
measure, was your case. The vent of ten millions of pounds of this commodity, now locked up 
by the operation of an injudicious tax, and rotting in the warehouses of the company, would have 
prevented all this distress, and all that series of desperate measures, which you thought yourselves 
obliged to take in consequence of it. America would have furnished that vent, which no other 
part of the world can furnish but America ; where tea is next to a necessary of life ; and where 
the demand grows upon the supply. I hope our dear bought East India committees have done us s 
at least so much good, as to let us know, that without a more extensive sale of that article, our 
East India revenues and acquisitions can have no certain connexion with this country. It is through 
the American trade of tea, that your East India conquests are to be prevented from crushing you 
with their burden. They are ponderous indeed ; and they must have that great country to lean 
upon, or they tumble upon your head. It is the same folly that has lost you at once, the benefit 
of the west and of the east. This folly has thrown open folding doors to contraband ; and will be 
the means of giving the profits of the trade of your colonies, to every nation but yourselves. Ne- 
ver did a people suffer so much for the empty words of a preamble. It must be given up. For 
on what principle does it stand ? This famous revenue stands, at this hour, on all the debate, as a 

(1) Lord Hillsborough' 1 s circular letter to the governors oftlie colonies, concerning the repeat 
•J some of the duties laid in the aetofi7i7. 



[1774, April.] HISTORICAL NOTES, &c. 71 

description of revenue not as yet known in all the comprehensive — but too comprehensive i vocab- 
ulary of finance — a preambulary tax. It is indeed a tax of sophistry, a tax of pedantry, a tax of 
disputation, a tax of war and rebellion, a tax for any thing but benefit to the imposers, or satis* 
faction to the subject. 

" Well ! but whatever it is, gentleman will force the colonists to take the teas. You will force 
them ? has seven years struggle been yet able to force them ? O ! but it seems we are yet in the 
right. — The tax is ' trifling — in effect it is rather an exoneration than an imposition ; three-fourths 
of the duty formerly payable on teas exported to America is taken off; the place of collection is 
only shifted ; instead of the retention of a shilling from the drawback here, it is threepence cus» 
torn paid in America.' All this, sir, is very true. But this is the very folly and mischief of the 
act. Incredible as it may seem, you know that you have deliberately thrown away a large duty 
which you held secure and quiet in your hands, for the vain hope of getting one three-fourths 
less, through every hazard, through certain litigation, and possibly through war. , 

" The manner of proceeding in the duties on paper and glass imposed by the same act, was 
exactly in the same spirit. There are heavy excises on those articles when used in England. 
On export, these excises are drawn back. But instead of withholding the drawback, whioh might 
have been done, with ease, without charge, without possibility of smuggling: and instead of apply- 
ing the money (money already in your hands) according to your pleasure, you began your opera- 
tions in finance by flinging away your revenue ; you allowed the whole drawback on export, and 
then you charged the duty (which you had before discharged) payable in the colonies ; where it 
was certain the collection would devour it to the bone ; if any revenue were ever suffered to be 
collected at all. One spirit pervades and animates the whole mass. 

" Could any thing be a subject of more just alarm to America, than to see you go out of the 
plain high road of finance, and give up your most certain revenues and your clearest interest, 
merely for the sake of insulting your colonies? No man ever doubted that the commodity of tea 
could bear an imposition of threepence. But no commodity will bear threepence, or will bear 
a penny, when the general feelings of men are irritated, and two millions of people are resolved 
not to pay. The feelings of the colonies were formerly the feelings of Great Britain. Theirs 
were formerly the feelings of Mr. Hampden when called upon for the payment of twenty shillings. 
Would twenty shillings have ruined Mr. Hampden's fortune f No ! but the payment of half twenty 
shillings, on the principle It was demanded, would have made him a slave. It is the weight of 
that preamble, of which you are so fond, and not the weight of the duty, that the Americans are 
unable and unwilling to bear. 

" It is then, sir, upon the principle of this measure, and nothing else, that we are at issue. It is 
a principle of political expediency. Your act of 1767 asserts, that it is expedient to raise a rev- 
enue in America; your act of 1769,(1) which takes away that revenue, contradicts the act of 
1767 ; and, by something much stronger than words, asserts, that it is not expedient. It is a re- 
flection on your wisdom, to persist in a solemn parliamentary declaration of the expediency of any 
object, for which, at the same time, you make no sort of provision. And pray, sir, let not this cir- 
cumstance escape you ; it is very material ; that the preamble of this act, which we wish to repeal, 
is not declaratory of 'a right, as some gentlemen seem to argue it ; it is only a recital of the expe- 
diency of a certain exercise of a right supposed already to have been asserted ; an exercise you 
are now contending for by ways and means, which you confess, though they were obeyed, to be 
utterly insufficient for their purpose. You are therefore at this moment in the aukward situation 
of fighting for a phantom ; a quiddity ; a thing that wants, not only a substance, but even a name j 
for a thing, which is neither abstract right, nor profitable enjoyment. 

« They tell you' sir, that your dignity is tied to it. I know not how it happens, but this dignity 
of yours is a terrible incumbrance to you ; for it has of late been at war with your interest, your 
equity, and every idea of your policy. Show the thing you contend for to be reason ; show it to 
be common sense ; show it to be the means of attaining some useful end ; and then I am content to 
allow it what dignity you please. But what dignity is derived from the perseverance in aburdity* 
is more than ever I could discern. The honourable gentleman has said well, — indeed, in most of 
his general observations I agree with him — he says, that this subject does not stand as it did for- 
merly. Oh, certainly not ! every hour you continue on this ill chosen ground, your difficulties 
thicken on you ; and therefore my conclusion is, remove trom a bad position as quickly as you can. 
The disgrace, and the necessity of yielding, both of them, grow upon you every hour of your 
delay. 

(1) 1770, Jp. repeal of the "glass act/' except « tea." 



fft [1774, April.] HISTORICAL NOTES, kt. 

" But will j'ou repeal the act, says the honourable gentleman, at this instant when Americais iii j 
open resistance to your authority, and that you have just revived your system of taxation ? He j 
tfiinks he has driven us into a corner. But thus pent up, I am eontent to meet him ; because I 
enter the lists supported by my old authority, his new friends, the ministers themselves. The I 
honourable gentleman remembers, that about five years ago as great disturbances as the present 
prevailed in America on account of the new taxes.(l) The ministers represented these disturban-? 
ces as treasonable ; and this house thought proper, on that representation, to make a famous ad- 
dress for a revival; and for a new application of a statute of Henry VIII. We besought the king, 
in that well considered address, to inquire into treasons; and to bring the supposed traitors from 
America to Great Britain for trial. His majesty was pleased graciously to promise a compliance 
•with our request. All the attempts from this side of the house to resist these violences, and to 
bring about a repeal, were treated with the utmost scorn. An apprehension of the very conse- 
quences now stated by the honourable gentleman, was then given as a reason for shutting the 
door against all hope of such alteration. And so strong was the spirit for supporting the new 
taxes, that the session concluded with the following remarkable declaration. After stating the 
vigorous measures which had been pursued, the speech from the throne proceeds : 

" ' You have assured me of your firm support in the prosecution of them. Nothing, in my opin^ 
Ion, could be more likely to enable the well disposed among my subjects in that part of the world, 
isffectually to discourage and defeat the designs of the factious and seditious, than the hearty con- 
currence of every branch of the legislature; in maintaining the execution of the laws in every pari ' 1 
of my dominions.' 

" After this no man dreamt that a repeal under this ministry could possibly take place. The I 
honourable gentleman knows as well as I, that the idea was utterly exploded by those who sway I 
the house. This speech was made on the ninth day of May, 1769. Five days after this speech, I 
that is on the 13th of the same month, the publick circular letter, a part of which I am going t© I 
read to 3 r ou, was written by Lord Hillsborough, secretary of state for the colonies. After reci- I 
ting the substance of the king's speech, he goes on thus : 

" ' I can take upon me to assure you, notwithstanding insinuations to the contrary, from men J 
with factious and seditious views, that his majesty's present administration have at no time enter- j j 
tained a design to propose to parliament to lay any further taxes upon America, for the purpose I 
of raising a revenue ; and that it is at present their intention to propose; the next session of par- j 
Jiament, to take off the duties upon glass, paper, and colours, upon consideration of such duties 
having been laid contrary to the true principles of commerce. 

" * These have always been, and still are, the sentiments of his majesty's present servants ; and i I 
by which their conduct in respect to America has been governed. And his majesty relies upon 
your prudence and fidelity for such an explanation of his measures, as may tend to remove the j 
prejudices which have been excited by the misrepresentations of those who are enemies to tire 
peace and prosperity of Great Britain and her colonies ; and to re-establish that mutual confidence ! 
and affection, upon which the glory and safety of the British empire depend.' 

" Here, sir, is a canonical book of ministerial scripture ; the general epistle to the Americans. I 
What does the gentleman say to it ? Here a repeal is promised ; promised without condition ; and j 
■while your authority was actually resisted. I pass by the publick promise of a peer, relative to 
the repeal of taxes by this house. I pass by the use of the king's name in a matter of supply, that 
sacred and reserved right of the commons. I conceal the ridiculous figure of parliament, hurling its 
thunders at the gigantick rebellion in America ; and then five days after; prostrate at the feet of those [ | 
assemblies we affected to despise : begging them, by the intervention of our ministerial sureties, i| 
to receive our submisson , and heartily promising amendment. These might have been serious 
matters formerly; but we are grown wiser than our fathers. Passing, therefore, from the consti- 
tutional consideration to the mere policy, does not this letter imply, that the idea of taxing Amer- 
ica for the purpose of revenue, is an abominable project ; when the ministry suppose none but i 
factious men, and with seditious views could charge them with it ? Does not this letter adopt and 
sanctify the American distinction of taxing for a revenue ? Does it not formally reject all future 
taxation on that principle ? Does it not state the ministerial rejection of such principle of taxation, 
not as the occasional, but the constant opinion of the king's servants ? Does it not say (I care not ' 
how consistently) but does it not say, that their conduct with regard to America has been al~> 
vays governed by this policy? It goes a great deal further. These excellent and trusty servants 
pf the king, justly fearful lest they themselves should have lost all credit with the world, bring a\\ 

0) *f In 1760 on the Glass bill &c. of 1767."- 



[1774, April.] HISTORICAL NOTES, &c. 75 

the image of their gracious sovereign from the inmost and most sacred shrine, and they pawn 
him as a security for their promises. — 'His majesty relies on your prudence and fidelity for 
such an explanation of his measures. 5 These sentiments, of the minister, and these measures of his 
majesty, can only relate to the principle and practice of taxing for a revenue ; and accordingly 
lord Botetourt, stating it as such, did, with great propriety, and in the exact spirit of his instruc- 
tions, endeavour to remove the fears of the Virginian assembly, lest the sentiments, which it seems 
(unknown to the world) had always been those of the ministers, and by which their conduct in 
respect to America had been governed, should by some possible revolution, favourable to wicked 
American taxers, be hereafter counteracted. He addresses them in this manner: 

"It may possibly be objected, that as his majesty's present administration are not immortal, theiv 
mccessours may be inclined to attempt to undo what the present ministers shall have attempted ta 
perform; and to that objection I can give but this answer ; that it is my firm opinion, that ths 
plan 1 have stated to you will certainly take place, and that it will never be departed from ; and so 
determined am I for ever to abide by it, that I will be content to be declared infamous, if I do not, 
to the last hour of my life, at all times, in all places, and upon all occasions, exert every power with 
•which I either am, or ever shall be legally invested, in order to obtain and maintain for the con- 
tinent of America that satisfaction which 1 have been authorized to premise this day, by the con- 
fidential servants of our gracious sovereign, who to my certain knowledge rates his honour S9 
high,, that he would rather part with his crown, than preserve it by deceit. (1) 

" A glorious and true character ! which (since we suffer his ministers with impunity to answer 
for his ideas of taxation), we ought to make it our business to enable his majesty to preserve, in all 
its lustre. Let him have character, since ours is no more ! Let some part of government he kept 
in respect ! 

" This epistle was not the letter of lord Hillsborough solely; though he held the official pen, 
St was the letter of the noble lord upon the floor,(2) and of all the king's then ministers, who 
(with I think the exception of two only) are his ministers at this hour. The very first news that 
a British parliament heard, of what it was to do, with the duties which it had given and granted to 
the king, was by the publication of the votes of American assemblies. It was in America that 
your resolutions were pre-declared. It was from thence that we knew to a certainty, how much 
exactly, and not a scruple more nor less, we were to repeal. We were unworthy to be let into the 
secret of our own conduct. The assemblies had confidential communications from his majesty's 
confidential servants. We were nothing but instruments. Do you, after this, wonder that you have 
no weight and no respect in the colonies ? After this, are you surprised, that parliament is every 
day and every where losing (I feel it with sorrow, I utter it with reluctance) that reverential af- 
fection, which so endearing a name of authority ought ever to carry with it ; that you are obeyed 
solely from respect to the bayonet ; and that this house, the ground and pillar of freedom, is itself 
held up, only by the treacherous under-pinning and clumsy buttresses of arbitrary power ? 

" If this dignity, which is to stand in the place of just policy and common sense, had been con- 
sulted, there was a time for preserving it, and for reconciling it with any concession. If, in the 
session of 1768, that session of idle terror and empty menaces, you had, as you were often pressed 
to do, repealed these taxes; then your strong operations would have came justified and enforced, 
in case your concessions had been returned by outrages. But preposterously, you began with vio- 
lence ; and before terrors could have any effect, either good or bad, your ministers immediately 
begged pardon, and promised that repeal to the obstinate Americans, which they had refused in 
an easy, good naturedj complying British parliament. The assemblies which had been publickly 
and avowedly dissolved for their contumacy, are called together to receive your submission. Your 
jninisterial directors blustered like tragiek tyrants here ; and then went mumping with a sore leg in 
America, canting, and whining, and complaining of faction, which represented them as friends to 
« revenue from the colonies. I hope nobody in this house will hereafter have the impudence to 
defend American taxes in the name of ministry. The moment they do, with this letter of attorney 

(1) A material point is omitted by Mr. Burke in this speech, viz. the manner in which the con- 
tinent received this royal assurance. The assembly of Virginia, in their address in answer to 
lord Botetourt's speech, express themselves thus : ' We will not suffer our present hopes, arising 
from tlie pleasing prospect your lordship hath so kindly opened and displayed to us, to be dashed' 
by the bitter reflection that any future administration will entertain a ivish to depart from that 
plan, whieh affords the surest and most permanent j'oundation of publick tranquillity and happi- 
ness : JVo, my lord, we are sure our most gracious sovereign, under whatever changes may hap* 
pen in his confidential servants, will remain immutable in the ways of truth and justice, andthaf 
he is incapable of deceiving his faithful subjects/ and we esteem your lordship's information A «<$>. 
j/nly as warranted, but even sanctified by the royal word,' (2) Lard,. Jftrm.. 



74 [1774, AprU.] HISTORICAL NOTES, he. 

in my hand, I will tell them in the authorized terms, they are wretches, * with factious and sedi- 
tious views ; enemies to the peace and prosperity of the mother country and the colonies,' and j 
subverters f of the mutual affection and confidence on which the glory and safety of the British 
empire depend.' 

" After this letter, the question is no more on propriety or dignity. They are gone already. 
The faith of your sovereign is pledged for the political principle. The general declaration in the 
letter goes to the whole of it. You must therefore either abandon the scheme of taxing, or you 
must send the ministers tarred and feathered to America, who dared to hold out the royal faith 
for a renunciation of all taxes for revenue. Them you must punish, or this faith you must pre- 
serve. The preservation of this faith is of more consequence than the duties on red lead, or 
■white lead, or on broken glass, or atlas-ordinary, or demy-fine, or blue royal, or bastard, or fool's 
cap, which you have given up ; or the threepence on tea which you have retained. The lettes 
went stampt with the publick authority of this kingdom. The instructions for the colony govern- 
ment go under no other sanction ; and America cannot believe, and will not obey you, if you do 
not preserve this channel of communication sacred. You are now punishing the colonies for act- 
ing on distinctions, held out by that very ministry which is here shining in riches, in favour, and in 
power ; and urging the punishment of the very offence, to which they had themselves been the 
tempters. 

" Sir, if reasons respecting simply your own commerce,which is your own convenience, were the 
sole grounds of the repeal of the five duties ; why does lord Hillsborough, in disclaiming in the 
name of the king and ministry .their ever having had an intent to tax for revenue, mention it as 
the means of * re-establishing the confidence and affection of the colonies? Is it a way of soothing 
others, to assure them that you will take good care of yourself? The medium, the only medium, 
for regaining their affection and confidence, is, that you will take off something oppressive to their 
minds. Sir, the letter strongly enforces that idea : for though the repeal of the taxes is promised 
on commercial principles, yet the means of counteracting ' the insinuations of men with factious 
and seditious views,' is by a disclaimer of the intention of taxing for revenue, as a constant invari- 
able sentiment and rule of conduct, in the government of America. 

« I remember that the noble lord on the floor, not in a former debate to be sure (it would he 
disorderly to refer to it, I suppose I read it somewhere) but the noble lord was pleased to say, that 
he did not conceive how it could enter into the head of man to impose such taxes as those of 1767; 
I mean those taxes which he voted for imposing, and voted for repealing ; as being taxes, contrary 
$o all the principles of commerce, laid on British manufactures. 

«f I dare say the noble lord is perfectly well read, because the duty of his particular office re- 
quires he should be so, in all our revenue laws ; and in the policy which is to be collected out of 
them. Now, sir, when he had read this act of American revenue, and a little recovered from his as- 
tonishment, I suppose he made one step retrogade (it is but one) and looked at the act which stands 
just before in the statute book. The American revenue act is the forty-fifth chapter ; the other 
to which I refer is the forty -fourth of the same session. These two acts are both to the same pur- 
pose ; both revenue acts, both taxing out of the kingdom ; and both taxing British manufactures 
exported. As the 45th is an act for raising a revenue in America, the 44th is an act for raising a 
revenue in the Isle of Man. The two acts perfectly agree in all respects, except one. In the 
act for taxing the Isle of Man, the noble lord will find (not as in the American act, four or five 
articles) but almost the whole body of British manufactures, taxed from two and a half to fifteen 
per cent, and some articles, such as that of spirits, a great deal higher. You did not think it un- 
commercial to tax the whole mass of your manufactures, and, let me add, your agriculture too ; 
for, I now recollect, British corn is there also taxed up to ten per cent, and this too in the very 
head quarters, the very citadel of smuggling, the Isle of Man. Now will the noble lord condescend 
to tell me, why he repealed the taxes on your manufactures sent out to America, and not the taxes 
on the manufactures exported to the Isle of Man ? The principle was exactly the same, the ob- 
jects charged infinitely more extensive, the duties without comparison higher. Why ? why not- 
withstanding all his childish pretexts, hecause the taxes were quietly submitted to in the Isle of 
Man ; and because they raised a flame in America. Your reasons were political, not commercial. 
The repeal was made, as lord Hillsborough's letter well expresses it, to regain ' the confidence 
and affection of the colonies, on which the glory and safety of the British empire depend.' A wise 
and just motive surely, if ever there was such. But the mischief and dishonour is, that you have 
not done what you had given the colonies just cause to expect, when your ministers disclaimed 
'the idea of taxes for a revenue. There is nothing simple, nothing manly, nothing ingenuous, open, 



tl7H, AprU.] HISTORICAL NOTES, &c 75 

decisive, or steady, ia the proceeding, with regard either to the continuance or the repeal of the 
taxes. The whole has an air of littleness and fraud. The article of tea is slurred over in the cir- 
cular letter, as it were by accident. Nothing is said of a resolution either to keep that tax, or to 
give it up. There is no fair dealing in any part of the transaction. 

" If you mean to follow your true motive and your publick faith, give up your tax on tea for 
raising a revenue, the principle of which has, in effect, been disclaimed in your name ; and which 
produces you no advantage ; no not a penny. Or, if you choose to go on with a poor pretence 
instead of a solid reason, and will still adhere to your cant of commerce, you have ten thousand 
times more strong commercial reasons for giving up this duty on tea, than for abandoning the five 
others that you have already renounced. 

«« The American consumption of teas is annually, I believe, worth 300,0001, at the least farthing. 
If you urge the American violence as a justification of your perseverance in enforcing this tax, you 
know that you can never answer this plain question — Why did you repeal the others given in the 
same act, whilst the very same violence subsisted ? — But you did not find the violence cease upon 
that concession . No! because the concession was far short of satisfying the principle which lord Hills- 
borough had abjured ; or even the pretence on which the repeal of tne other taxes was announ- 
ced : and because, by en&bling the East India company to open a shop for defeating the American 
resolution not to pay that specifick tax, you manifestly showed a hankering after the principle of 
the act which you formerly had renounced. Whatever road you take leads to a compliance with 
this motion. It opens to you at the end of every visto. Your commerce, your policy, your prom- 
ises, your reasons, your pretences, your consistency, your inconsistency — all jointly oblige you to 
this repeal. 

" But still it sticks in our throats. If we go so far, the Americans will go further. — We do not 
know that: we ought, from experience, rather to pi'esume the contrary. Do we not know for 
certain, that the Americans are going on as fast as possible, whilst we refuse to gratify them ? 
Can they do more, or can they do worse, if we yield this point ? I think this concession will 
rather fix a turnpike to prevent their further progress. It is impossible to answer for bodies of 
men. But I am sure the natural effect of fidelity, clemency, kindness in governors, is peace, 
goodwill, order and esteem, on the part of the governed. I would certainly, at least give these 
fair principles a fair trial ; which, since the making of this act to this hour, they never have had. 

" Sir, it has been said in the debate, that when the first American revenue act (the act in 
1764, imposing the port duties) passed, the Americans did not object to the principle. It is true 
they touched it but very tenderly. It was not a direct attack. They were, it is true, as yet novi- 
ces ; as yet unaccustomed to direct attacks upon any of the rights of parliament. The duties 
were port duties, like those they had been accustomed to bear; with this difference, that the title 
■was not the same, the preamble not the same, and the spirit altogether unlike. But of what ser- 
vice is this observation to the cause of those that make it > It is a full refutation of the pretence for 
their present cruelty to America ; for it shows, out of their own mouths, that our colonies were 
backward to enter into the present vexatious and ruinous controversy. 

" Sir, I think I may as well now, as at any other time, speak to a certain matter of fact, not 
wholly unrelated to the question under your consideration. We, who would persuade you to re- 
vert to the ancient policy of this kingdom, labour under the effect of this short current phrase, 
which the court leaders have given out to all their corps, in order to take away the credit of those 
who would prevent you from thatfrantick war you are going to wage upon your colonies. Their 
cant is this : 'All the disturbances in America have been created by the repeal of the stamp act.' 
I suppress for a moment my indignation at the falsehood, baseness, and absurdity of this most auda- 
cious assertion. Instead of remarking on the motives and character of those who have issued it 
for circulation, I will clearly lay before you the state of America, antecedently to that repeal, 
after the repeal, and since the renewal of the schemes of American taxation. 

«' It is said, that the disturbances, if there were any before the repeal, were slight ; and with- 
out difficulty or inconvenience might have been suppressed. For an answer to this assertion, I 
will send you to the great author and patron of the stamp act, who certainly meaning well to the 
authority of this country, and fully apprized of the state of that, made, (before a repeal was so 
much as agitated in this house,) the motion which is on your journals ; and which, to save the clerk 
the trouble of turning to it, I will now read to you. It was for an amendment to the address of the 
17th of December, 1765 : 

" 'To express our just resentment and indignation at the outrageous tumults and insurrections, 
which have been excited and, carried on in North America; and at the resistance given by open 



76 tl7U f April.] HISTORICAL NOTES, && 

and rebellious force to the execution of the laws in that part of his majesty's dominions. And 16 
assure his majesty, that his faithful commons, animated with the warmest duty and attachment tff 
his royal person and government, will firmly and effectually support his majesty in all such mea- 
sures as shall be necessary, for preserving and supporting the legal dependance of the colonies oa 
the mother country.' &c. &c. 

" Here was certainly a disturbance preceding the repeal ; such a disturbance as Mr. Gren- 
nille thought necessary to qualify by the name of an insurrection, and the epithet of a rebellious 
force : terms much stronger than any, by which, those who then supported his motion, have ever 
since thought proper to distinguish the subsequent disturbances in America. They were disturb- 
ances which seemed to him and his friends to justify as strong a promise of support, as hath been 
usual to give in the beginning of a war, with the most powerful and declared enemies. When the 
accounts of the American governors came before the house, they appeared stronger even than 
the warmth of publick imagination had painted them ; so much stronger, that the papers on your 
table bear me out in saying, that all the late disturbances, which have been at one time the min- 
ister's motives for the repeal of five out of six of the new court taxes, and are now his pretences 
for refusing to repeal that sixth, did not amount — why do I compare them ? no, not to a tenth part 
of the tumults and violence which prevailed long before the repeal of that act. 

" Ministry cannot refuse the authority of the commander in chief* general Gage, who in his- 
Fetter of the 4th of November,(l) from New York, thus represents the state of things : 

" < It is difficult to say, from the highest to the lowest, who has not been accessary to this in- 
surrection, either by writing or mutual agreements to oppose the act, by what they are pleased 
to term all legal opposition to it. Nothing effectually has been proposed, either to prevent of 
quell the tumult. The rest of the provinces are in the same situation as to positive refusal to 
take the stamps ; and threatening those who shall take them, to plunder and murder them ; and 
this affair stands in all the provinces, that unless the act, from its own nature, enforce itself, 
nothing but a very considerable military force can do it.' 

" It is remarkable, sir, that the persons who formerly trumpeted forth the most loudly, the 
violent resolutions o£ assemblies ; the universal insurrections } the seizing and burning the stamp- 
ed papers ; the forcing stamp officers to resign their commissions under the gallows ; the rifling 
and pulling down of the houses of magistrates ; and the expulsion from their country of all who 
dared to wz'ite or speak a single word in defence of the powers of parliament ; these very trum- 
peters are now the men, that represent the whole as a mere trifle ; and choose to date all the dis- 
turbances from the repeal of the stamp act, which put an end to them. Hear your officers abroad,, 
and let them refute this shameless falsehood, who, in all their correspondence, state the disturb- 
ances as owing to their true causes, the discontent of the people, from the taxes. You have this 
evidence in your own archives' — and it will give you complete satisfaction ; if you are not so far lost 
to all parliamentary ideas of information, as rather to credit the he of the day than the records of 
your own house. 

" Sir, this vermin of court reporters, when they are forced into day upon one point, are sure 
to burrow in another ; but they shall have no refuge ; I will make them boit out of all their holes. 
Conscious that they must be baffled, when they attribute a precedent disturbance to a subsequent 
measure, diey take other ground, almost as absurd, but very common in modern practice, and 
very wicked ; which is, to attribute the ill effect of ill judged conduct, to the arguments which had 
been used to dissuade us from it. They say that the opposition made in parliament to the stamp 
act at the time of its passing, encouraged the Americans to their resistance. This has even for- 
mally appeared in print in a regular volume, from an advocate of that faetion, a doctor Tucker. 
This doctor Tucker is already a dean, and his earnest labours in this vineyard will, 1 suppose, raise 
him to a bishopriek. But this assertion too, just like the rest, is false. In all the papers which 
have loaded your table ; in all the vast crowd of verbal witnesses that appeared at your bar, wit- 
nesses which were indiscriminately produced from both sides of the house ; not the least hint of 
such a cause of disturbance has ever appeared. As to the fact of a strenuous opposition to the 
stamp act, I sat as a stranger in your gallery when the act was under consideration. Far from 
any thing iaflamatory, I never heard a more languid debate in this house. No more than two or 
three gentlemen, as I remember, spoke against the act, and that with great reserve and remark- 
able temper. There was but one division in the whole progress of the bill ; and the minority di<$ 
not reach to more than 39 or 40. In the house of lords I do not recollect that there was any debate 

(1) 1765. 



{1774, April.] HISTORICAL NOTES, &c. 77 

or division at all. I am sure there was no protest. In fact, the affair passed with so very, very 
tittle noise, that in town they scarcely knew the nature of what you were doing. The opjtosition 
to the bill in England never could have done this mischief, because there scarcely ever was less of 
opposition to a bill of consequence. 

" Sir, the agents and distributors of falsehoods have, with their usual industry, circulated ano- 
ther lie of the same nature of the former. It is this, that the disturbances arose from the account 
which had been received in America of the change in the ministry. No longer awed, it seems, 
with the spirit of the former rulers, they thought themselves a match for what our calumniators 
chose to qualify by the name of so feeble a ministry as succeeded. Feeble in one sense these men 
certainly may be called ; for with all their efforts, and they have made many, they have not been 
able to resist the distempered vigour, and insane alacrity with which you are rushing to your ruin. 
But it does so happen, that the falsity of this circulation is, like the rest, demonstrated by indispu- 
table dates and records. 

" So little was the change known in America, that the letters of your governors, giving an ac- 
count of these disturbances long after they had arrived at their highest pitch, were all lirected to 
the old ministry, and particularly to the earl of Halifax, the secretary of state corresponding with 
the colonies, without once in the smallest degree intimating the slightest suspicion of any minis- 
terial revolution whatsoever. The ministry was not changed in England until the 10th day of July, 
1765. (1) On the 14th of the preceding June, governor Fauquier from Virginia writes thus; and 
•writes thus to the earl of Halifax : * Government is set at defiance, not having strength enough in 
her hands to enforce obedience to the laws of the country. The private distress which every man 
feels, increases the general dissatisfaction at the duties laid by the stamp act, which breaks out, and 
shows itself upon every trifling occasion.' The general dissatisfaction had produced some time 
before, that is, on the 29th of May, several strong publick resolves against the stamp act; and 
those resolves are assigned by governor Bernard, as the cause of the insurrections in Massachu- 
setts Bay, in his letter of the 15th of August, still addressed to the earl of Halifax ; and he contin- 
ued to address such accounts to that minister quite to the 7th of September of the same year. 
Similar accounts, and of as late a date, were sent from other governors, and all directed to lord 
Halifax. Not one of these letters indicates the slightest idea of a change, either knowu, or even 
apprehended. 

« Thus are blown away the insect race of courtly falsehoods ! thus perish the miserable inven- 
tions of the wretched runners for a wretched cause, which they have flyblown into every weak 
and rotten part of the countiy, in vain hopes, that when their maggots had taken wing, their im- 
portunate buzzing might sound something like the publick voice ! 

« Sir, I have troubled you sufficiently with the state of America before the repeal. Now I turn 
to the honourable gentleman who so stoutly challenges us to tell, whether, after the repeal, the 
provinces were quiet ? This is coming home to the point. Here 1 meet him direetly ; and answer 
him most readily : They -were quiet. And I, in my turn challenge him to prove when, and 
■where, and by whom, and in what numbers, and with what violence, the other laws of trade, as 
gentlemen assert, were violated in consequence of your concession ? or that even your other reve- 
nue laws were attacked ? But I quit the vantage ground on which I stand, and where I might leave 
the burden of the proof upon him. I walk down upon the open plain, and undertake to show, 
that they were not only quiet, but showed many unequivocal marks of acknowledgment and grat- 
itude. And to give him every advantage, I select the obnoxious colony of Massachusetts Bay, 
which at this time (but without hearing her) is so heavily a culprit before parliament. I will se- 
lect their proceedings even under circumstances of no small irritation. For, a little imprudently, 
I must say, governor Bernard mixed in the administration of the lenitive of the repeal, no small 
acrimony, arisingfrom matters of a separate nature. Yet see, sir, the effect of that lenitive, thougk 
mixed with these bitter ingredients ; and how this rugged people can express themselves on a 
measure of concession. 

" * If it is not in our power,' say they in their address to governor Bernard, ' in so full a man- 
ner as will be expeeted, to show our respectful gratitude to the mother country, or to make a 
dutiful and affectionate return to the indulgence of the king and parliament, it shall he no fault o£ 
ours ; for this we intend, and hope we shall be able fully to effect-' 

«' Would to God that this temper had beeu cultivated, managed, and set in action ! Other ef- 
fects than those which we have since felt would have resulted from it. On the requisition far 

(1) The stamp act passed March preceding. 
10 



73 [1774, April.] HISTORICAL NOTES, &c. 

compensation to those who had suffered from the violence of the populace, in the same address, they 
say : ' The recommendation enjoined by Mr. Secretary Conway's letter, and in consequence there- 
of made to us, we will embrace the first convenient opportunity to consider and act upon.' They 
did consider, they did act upon it, they obeyed the requisition. I know the mode has been chica- 
ned upon : but it was substantially obeyed ; and much better obeyed, than I fear the parliamentary 
requisition of this session will be, though enforced by all your rigour, and backed with all your pow- 
er. In a word, the damages of popular fury were compensated by legislative (1). Almost 

every other part of America in various ways, demonstrated their gratitude. I am bold to say, that 
so sudden a calm recovered after so violent a storm, is without parallel in history. To say that no- 
other disturbance should happen from any other cause, is folly. But as far as appearances went, by 
the judicious sacrifice of one law, you procured an acquiescence in all that remained. After this 
experience, nobody shall persuade me, when a whole people are concerned, that acts of lenity are 
not means of conciliation. 

•' I hope the houourable gentleman has received a fair and full answer to his question. 

" I have done with the third period of your policy; that of your repeal ;(2) and the return of 
your ancient system, and your ancient tranquillity and concord. Sir, this period was not as long 
as it was happy. 

After reviewing the characters and motives which led to the " glass and tea act," of June 17 67, 
about a year after the repeal of the stamp act, he remarks : 

" Hence arose this unfortunate act,(3) the subject of this day's debate ; from a disposition 
which, after making an American revenue to please one, repealed it to please others, and again 
revived it in hopes of pleasing a third, and of catching something in the ideas of all. 

" This revenue act of 1767, formed the fourth period of American policy. How we have 
fared since then ; what woful variety of schemes have been adopted ; what enforcing, and what 
repealing; what bullying, and what submitting; what doing, and undoing; what straining, and 
what relaxing; what assemblies dissolved for not obeying, and called again without obedience; 
wh troops sent out to quell resistance, and on meeting that resistance, recalled ; what shiftings, 
and changes, and jumblmgs of all kinds of men at home, which left no possibility of order, consis- 
tency, vigour, or even so much as a decent unity of colour in any one publick measure ! — It is a 
tedious, irksome task. My duty may call me to open it out some other time ; on a former oc- 
casion I tried your temper on a part of it ; (4) for the present I shall forbear. 

" After all these changes and agitations, your immediate situation upon the question on your 
paper is at length brought to this. You have an act of parliament, stating, that ' it is expedient 
to raise a revenue in America.' By a partial repeal you annihilated the greatest part of that rev- 
enue, which this preamble declares to be so expedient. You have substituted no other in the place 
of it. A secretary of state has disclaimed in the king's name, all thoughts of such a substitution in 
future. The principle of this disclaimer goes to what has been left, as well as what has been 
repealed. The tax which lingers after its companions (under a preamble declaring an Amer- 
ican revenue expedient, and for the sole purpose of supporting the theory of that preamble) mili- 
tates with the assurance authentically conveyed to the colonies ; and is an exhaustless source of 
jealousy and animosity. On this state, which I take to be a fair one ; not being able to discern any 
grounds of honour, advantage, peace, or power for adhering, either to the act or to the preamble ; 
I shall vote for the question which leads to the repeal of both. 

" If you do not fall in with this motion, then secure something to fight for, consistent in theory 
and valuable in practice. If you must employ your strength, employ it to uphold you in some hon- 
ourable right, or some profitable wrong. If you are apprehensive that the concession recom- 
mended to you, though proper, should be a means of drawing on you further, but unreasonable 
claims, why then employ your force in supporting that reasonable concession, against those unrea- 
sonable demands ? You will employ it with more grace ; with better effect ; and with great prob. 
able concurrence of all the quiet and rational people in the provinces, who are now united with 
and hurried away by the violent ; having indeed different dispositions, but a common interest. If 
you apprehend that on a concession, you shall be punished by metaphysical process to the ex- 
treme lines, and argued out of your whole authority, my advice is this : When you have recovered 
your old, your strong, your tenable position, then face about — stop short — do nothing more — reason 
not at all — oppose the ancient policy and practice of the empire, as a rampart against the specu- 
lations of innovators on both sides of the question ; and you will stand on great, manly, and sure 
ground. On this solid basis fix your machines, and they will draw worlds towards yon. 

(I) Uncertain. (2) Of the stamp act, 1766, Mar. 19. (3) O/June 1767, "glass, tea &c" 
(4) Resolutions in May, 1770. 



[1774, April.] HISTORICAL NOTES, kc. 79 

* Your ministers, in their own and his majesty's name, have already adopted the American 
distinction of internal and external duties. It is a distinction, whatever merit it may have, that was 
originally moved by the Americans themselves ; and I think they will acquiesce in it, if they are 
not pushed with too much logick and too little sense, in all the consequences. That is, if exter- 
nal taxation be understood, as they and you understand it, when you please, to be not a distinc- 
tion of geography, but of policy ; that it is a power for regulating trade, and not for supporting 
establishments. The distinction, which is as nothing with regard to right, is of most weighty con- 
sideration in practice. Recover your old ground, and your old tranquillity. Try it. 1 am per- 
suaded the Americans will compromise with you. When confidence is once restored, the odious 
and suspicious sunmumjus will perish of course. The spirit of practicability, of moderation, and 
mutual convenience, will never call in geometrical exactness as the arbitrator of an amicable set- 
tlement. Consult and follow your experience. Let not the long story with which I have exer- 
cised your patience, prove fruitless to your interests. 

"For my part, I should choose (if I could have my wish) that the proposition of the honourable 
gentleman(l) for the repeal, could go to America without the attendance of the penal bills.(2) 
Alone I could almost answer for its success. I cannot be certain of its reception in the bad com- 
pany it may keep. In such heterogeneous assortments, the most innocent person will lose the 
effect of his innocency. Though you should send out this angel of peace, yet you are sending out 
a destroying angel too : and what would be the effect of the conflict of these two adverse spirits^ 
or which would predominate in the end, is what I dare not say : whether the lenient measures 
would cause American passion to subside, or the severe would increase its fury — All this is in the 
hand of providence ; yet now, even now, I should confide in the prevailing virtue, and efficacious 
operation of lenity, though working in darkness, and in chaos, in the midst of all this unnatural 
and turbid combination. I should hope it might produce order and beauty in the end. 

" Let us, sir, embrace some system or other before we end this session. Do you mean to tax 
America, and to draw a productive revenue from thence ? If you do, speak out : name, fix, as- 
certain this revenue ; settle its quantity ; define its objects ; provide for its collection ; and then 
fight, when you have something to fight for. If you murder — rob! If you kill, take possession : 
and do not appear in the character of madmen, as well as assassins; violent, vindictive, bloody, and 
tyrannical without an object. But may better counsels guide you ! 

" Again, and again, revert to your old principles-— seek peace and ensue it. Leave America, if 
she has taxable matter in her, to tax herself. I am not here going into the distinctions of rights, nor 
attempting to mark their boundaries. I do not enter into these metaphysical distinctions : I hate 
the very sound of them. Leave the Americans as they anciently stood, and these distinctions, 
born of our unhappy contest, will die along with it. They and we, and their and our ancestors, 
have been happy under that system. Let the memory of all actions, in contradiction to that good 
old mode, on both sides, be extinguished for ever. Be content to bind America by laws of trade j 
you have always done it. Let this be your reason for binding their trade. Do not burden them 
by taxes ; you were not used to do so from the beginning. Let this be your reason for not tax- 
ing. These are the arguments of states and kingdoms. Leave the rest to the schools ; for there 
only they may be discussed with safety. But if, intemperately, unwisely, fatally, you sophisticate 
and poison the very source of government, by urging subtle deductions, and consequences odious to 
those you govern, from the unlimited and illimitable nature of supreme sovereignty, you will teach 
them by these means, to call that sovereignty itself in questiou. When you drive him hard, the 
boar will surely turn upon the hunters. If that sovereignty and their freedom cannot be recon- 
ciled, which will they take ? They will east your sovereignty in your face. No body will be ar- 
gued into slavery. Sir, let the gentlemen on the other side call forth all their ability ; let the 
best of them get up, and tell me, what one character of liberty the Americans have, and what 
one brand of slavery they are free from, if they are bound in their property and industry, by all 
the restraints you can imagine on commerce, and at the same time are made pack horses of every 
tax you choose to impose, without the least share in granting them. When they bear the bur- 
dens of unlimited monopoly, will you bring them to bear the burdens of unlimited revenue too ? 
The Englishman in America will feel that this is slavery — that it is legal slavery, will be no com- 
pensation, either to his feelings or his understanding. 

" A noble lord,(3) who spoke some time ago, is full of the fire of ingenuous youth ; and when 
he has modelled the ideas of a lively imagination by further experience, he will be an ornament 

(l)Mr. Fuller. (2) Boston port bill .- Uc, &c. (3) Lord Carmarthen. 



80 [Iff 4, April.] HISTORICAL NOTES, &c. 

to his country in either house. He has said that the Americans are our children, and how caa 
they revolt against their parent ? He says, that if they are not free in their present state, England 
is not free ; because Manchester, and other considerable places are not represented. So then, 
because some towns in England are not represented, America is to have no representative at all. 
They are ' our children ;' but when children ask for bread, we are not to give a stone. Is it because 
the natural resistance of things, and the various mutations of time, hinders our government, or any 
scheme of government, from being any more than a sort of approximation to the right, is it there- 
fore that the colonies are to recede from it infinitely ? When this child of ours wishes to assimilate 
to its parent, and to reflect with a true filial resemblance the beauteous countenance of British lib- 
erty ; are we to turn to them the shameful parts of our constitution ? Are we to give them our 
weakuessfor their strength; our opprobrium for their glory ; and the slough of slavery, which 
we are not able to work off, to serve them for their freedom ? 

« If this be the case, ask yourselves this question , Will they be content in such a state of sla- i 
T ery ? If not, look to the consequences. Reflect how you are to govern a people, who think they 
ought to be free, and think the) are not. Your scheme yields no revenue : it yields nothing but 
discontent, disorder, disobedience ; and such is the state of America, that, after wading up to your 
eyes in blood, you could only end just where you began ; that is, to tax where no revenue is to be 
found, to my voice fails me — my inclination indeed carries me no further — all is confu- 
sion beyond it. 

« Well, sir, I have recovered a little, and before I sit down, I must say something to another 
point with which gentlemen urge us. What is to become of the 'declaratory act' asserting the en- 
tireness of British legislative authority, if we abandon the practice of taxation ? 

« For my part, I look upon the rights stated in that act, exactly in the manner in which 1 viewed 
them on its very first proposition, and which I have often taken the liberty, with great humility, 
to lay before you. I look, I say, on the imperial rights of Great Britain, and the privileges which 
the colonists ought to enjoy under these rights, to be just the most reconcileable things in the world. 
The parliament of Great Britain sits at the head of her extensive empire in two capacities : one 
as the local legislature of this island, providing for all things at home, immediately, and by no other 
instrument than the executive power. The other, and I think her nobler capacity, is what I 
call her imperial character, in which, as from the throne of heaven, she superintends all the sev- 
eral inferiour legislatures, and guides and controls them all, without annihilating any. As all these 
provincial legislatures are only co-ordinate to each other, they ought all to be subordinate to her ; 
else they can neither preserve mutual peace, nor hope for mutual justice, nor effectually afford 
mutual assistance. It is necessary to coerce the negligent, to restrain the violent, and to aid the 
■weak and deficient, by the overruling plenitude of her power. She is never to intrude into the 
place of the others, whilst they are equal to the common ends of their institution. But in order 
to enable parliament to answer all these ends, of provident and benificent superintendence, her 
powers must be boundless. The gentlemen who think the powers of parliament limited, may 
please themselves to talk of requisitions. But suppose the requisitions are not obeyed. What! 
Shall there be no reserved power in the empire, to supply a deficiency which may weaken, di- 
vide, and dissipate the whole ? We are engaged in war— the secretary of state calls upon the col- 
onies to contribute — some would do it, I think most would cheerfully furnish whatever is de- 
manded — one or two, puppose, hang back, and easing themselves, let the stress of the draft lie 
on the others — surely it is proper, that some authority might legally say — « Tax yourselves for the 
common supply, or parliament will do it for you.' This backwardness was, as 1 am told, actually j 
the case of Pennsylvania for some short time, towards the beginning of the last war, owing to some 
internal dissentions in the colony. But whether the fact were so, or otherwise, the case is equally 
to be provided for by a competent sovereign power. But then this ought to be no ordinary 
power ; nor ever used in the first instance. This is what I meant, when I have said at various 
times, that I consider the power of taxing in parliament as an instrument of empire, and not a 
means of supply. 

" Such, sir, is my idea of the constitution of the British empire, as distinguished from the con- 
stitution of Britain ; and on these grounds I think subordination and liberty may be sufficiently 
reconciled through the whole ; whether to serve a refining speculatist, or a factious demagogue, I 
know not; but enough surely for the ease and happiness of man. 

« Sir, whilst we held this happy course we drew more from the colonies, than all the impotent 
violence of despotism ever could extort from them. We did this abundantly in the last war. It 
has never been once denied ; and what reason hare we to imagine, that the colonies would not have 



{1774, April.] HISTORICAL NOTES, &c. 81 

proceeded in supplying government as liberally, if you had not stepped in and hindered them 
from contributing, by interrupting the channel in which their liberality flowed with so strong a 
course, by attempting to take, instead of being satisfied to receive? Sir "William Temple says, 
that Holland has loaded itself with ten times the impositions, which it revolted from Spain rather 
than submit to. He says true. Tyranny is a poor provider. It knows neither how to accumu- 
late, nor how to extract. 

" I charge therefore to this new and unfortunate system, the loss not only of peace, of union, 
and of commerce, but even of revenue, which its friends are contending for. It is morally certain, 
that we have lost at least a million of free grants since the peace. I think we have lost a great deal 
more ; and that those who look for a revenue from the provinces, never could have pursued, even 
in that light, a course more directly repugnant to their purposes. 

" Now sir, I trust I have shown, first on that narrow ground which the honourable gentleman 
measured, that you are like to lose nothing by complying with the motion, except what you have 
lost already. I have shown afterwards, that in time of peace you flourished in commerce, and 
when war required it, had sufficient aid from the colonies, while you pursued your ancient policy j 
that you threw every thing into confusion when you made the stamp act; and that you restored 
every thing to peace and order when you repealed it. I have shown that the revival of the sys- 
tem of taxation has produced the very worst effects ; and that the partial repeal has produced^ 
not partial good, but universal evil. Let these considerations, founded on facts, not one of which 
can be denied, bring us back to our reason by the road of our experience. 

" I cannot, as I have said, answer for mixed measures ; but surely this mixture of lenity would 
give the whole a better chance of success. When you once regain confidence, the way will be 
clear before you. Then you may enforce the act of navigation when it ought to he enforced. 
You will yourselves open it where it ought still further to be opened. Proceed in what you do, 
whatever you do, from policy, and not from rancour. Let us act like men, let us act like states- 
men. Let us hoW wme sort of consistent conduct. It is agreed that a revenue is not to be had in 
America. If we lose the profit, let us get rid of the odium. 

" On this business of America, I confess I am serious even to sadness. I have had but one opin- 
ion concerning it, since I sat and before I sat in parliament. The noble lord(l) will, as usual, 
probably, attribute the part taken by me and my friends in this business, to a desire of getting his 
places. Let him enjoy this happy and original idea. If I deprived him of it, I should take away 
most of his wit, and all his argument. But I had rather bear the brunt of all his wit, and indeed 
blows much heavier, than stand answerable to God for embracing a system, that tends to the de- 
struction of some of the very best and fairest of his works. But I know the map of England, as 
well as the noble lord, or as any other person ; and I know that the way I take, is not the road to 
preferment. My excellent and honourable friend under me on the floor,(2) has trod that road with 
great toil for upwards of twenty years together. He is not yet arrived at the noble lord's destina- 
tion. However, the tracks of my wordiy friend are those I have ever wished to follow ; because 
I know they lead to honour. Long may we tread the same road together ; whoever may accom- 
pany us, or whoever may laugh at us on our journey. I honestly and solemnly declare, I have in 
all seasons adhered to the sytem of 1766,(3) for no other reason, than that I think it laid deep in. 
your truest interests — and that, by limiting the exercise, it fixes on the firmest foundations, a real, 
consistent, well grounded authority in parliament. Until you come back to that system, there will 
be no peace for England." 

The efforts of Burke and his party were ineffectual. The motion was lost by a large majority. 
The ministry had previously fixed upon an opposite policy. Conceiving that the cup of conciliation 
was exhausted, they had already determined to exchange it for a system of coercion, of rigorous 
and unmitigated severity. (4) 

" This question being dismissed, the house proceeded to the second reading of the bill ' for reg- 
ulating the government of the Massachusetts-bay.' In support of it, Mr. Welbore Ellis, asserted, 
that it was the duty of the crown to take away or alter charters, if they were found deficient of 
the purpose intended. That the American papers on the table were sufficient evidence of the 
fact, and that it was not necessary for any further hearing on either side. Great inconveniences, 
he said, had arisen from the present form of government, which frequently retarded business, but 

(I) Lord North. (2) Mr. Boivdeswell. (3) Repeal of stamp act. (4) Upon the question, 
•whether a committee should be appointed to take into consideration the repeal of the duty ; <dj/e* 
40, JVoei 183. 



M [1774, April.] HISTORICAL NOTES, &e< 

which would be removed by this bill. Mr. Charles Jenkinson said, it was right to take away char- 
ters if they were abused ; and to govern the Americans, as they were not capable of governing 
themselves. Mr. Jeremiah Dyson, contended, that the house proceeded, not as a court of 
justice, but in their legislative capacity, regulating and supplying the deficiencies in charters which 
had been granted by the crown. 

" On the other side, General Con-aay pleaded, that the Americans had done no more than 
every subject would do in an arbitrary state, where laws are imposed against their will. He 
thought taxation and legislation in that case inconsistent ; and asked, have you not a legislative right 
over Ireland ? Yet no one will say we have a right to tax Ireland — He predicted, that these acts 
respecting America, would involve this country and its minister in misfortunes, and he wished it 
might not be added, in ruin. 

" Mr. Pownall, who had been some years governor of Massachusetts-bay, spoke ably on the 
form of government in that province, and concluded with characterizing the Americans as a con- 
scientious, religious, peaceable set of people ; and added, that a more respectable set of men did 
not exist in all his majesty's dominions. 

" Sir Edward Astley hoped, that if we had had a twelve years lenity and inactivity, we should 
not now proceed to have a twelve years cruelty and oppression. He deemed the measure to be 
a harsh one, and unworthy of a British legislature. 

«« Mr. Dowdeswell pleaded strongly and ably, that the province should be heard before an act 
was passed, which would entirely deprive it of its chartered rights. He presented a petition from 
Mr. Bollan, agent for the council of the province, praying that the bill might not pass into a law, 
until he should have time to receive answers from theace to letters which he had sent. The 
prayer of this petition, he said, was so perfectly reasonable, that it appeared impossible to be re- 
jected out of the court of the inquisition. The petition was rejected. The bill was carried on 
the second reading without a division. 

" Lord North then proposed a third bill, which he hoped would effectually secure the province 
of Massachusetts-bay from future disturbances. He said, the juries of that country were not es- 
tablished after the manner in which our juries here are ; and therefore were not so likely to give 
to each offender that impartial trial, which, by the laws of this country he was entitled to. By the 
bill which he meant to propose, whenever it should be found in that country, that a man is not 
likely to meet with a fair impartial trial, the governor should be empowered to send him to any 
ef the other colonies, where the same kind of spirit has not prevailed ; but if it should be thought 
that he cannot have a fair and impartial trial in any of the Colonies, in such a case, the party ac- 
cused shall be sent to Great-Britain, to be tried before the Court of KingVbench ; the expenses 
of which trial, to be drawn for on the customs of England. Such a measure, he trusted, would 
show to America, that this nation is roused to defend its rights, and to maintain the peace and 
security of its Colonies; and when roused, that the measures taken are not cruel nor vindictive, 
but necessary and efficacious. His lordship proposed, that the bill should continue in force for 
three years, and declared it to be the last measure that parliament would take s after which, it 
required, that his majesty's servants there should be vigilant in the execution of their duty, and 
keep a watchful eye over every encroachment upon these newly created powers, and not suffer 
the least degree of disobedience to their measures to take place in that country. The customary 
relief of troops, he said, which -was four regiments, were ordered for Boston; and General Gage 
would go out with them as commander in chief, and governor of the province. He then moved 
for leave to bring in a bill, 'far the impartial administration of justice, in the cases of persons 
questioned for any acts done by them, in the execution of the laws for the suppression of riots 
and tumults, in the province of Massachusetts-bay in JVew-E?igland,' (1) and produced prece« 

(1) 12 Stats. 75. 14. Geo. 3. c. 39. passed May 20 1774. It recites an attempt lately made in 
that colony, by open force to throw off the autlwrity of parliament &c. and that it is necessary 
means be taken to enable the magistracy &c. to support the laws &c. and enacts " That if am 
indictment is found for murder, or other capital offence in that colony, against any officer, or 
person who was acting at the time in support of the revenue laws, or against any officer of the 
revenue, or person aiding or assisting in the cases aforesaid; that the Governor, upon informa- 
tion given of this fact on oath, and being of opinion that an indifferent trial cannot be had in 
the colony, with the advice of his council, may send the indictment and person charged, to be tried 
m some other of his majesty's colonies, or to Great-Britain." 

It then provide* for the binding over witnesses on the part of the prosecution, by the Governor, 
to appear &c. tlmr expenses to be fixed by him, to be paid {before hand) by a collector of the 
customs.- that all witnesses so under recognisance, shall be free from arre$t,gmng, staying, and 
returning. 



[1774, ApriL] HISTORICAL NOTES, &c. 83 

dents, to warrant the measure, which were, that the habeas corpus act had been suspended in 
the year 1745. That smugglers apprehended for offences committed on the coast of Sussex, had 
been made triable in the county of Middlesex, and the Scotch rebels in England. 

" The opposition denied the necessity of this act, even on the supposition, that justice might 
be perverted in New England; because, in such cases the prerogative of the crown might step 
in, and the governor might reprieve any one, who appeared to be convicted illegally or un- 
justly. 

" Colonel liarre', declared he rose with great unwillingness to oppose this bill in its very infan- 
cy, before its features were well formed, and to claim .that attention, which the house seemed to 
bestow with great reluctance on any arguments in behalf of America. Whilst their proceedings, 
severe as they were, had the least colour of justice, he said, he desisted from opposing them ; and 
although the bill for shutting up the port of Boston, contained in it many things most cruel, un- 
warrantable, and unjust ; yet, as it was couched under those general principles of justice, retribu- 
tion for injury, and compensation for loss sustained, he desisted from opposing it. The bill was a 
bad way of doing what was right, but still it was doing what was right. As to the bill then before 
the house, he pronounced it to be unprecedented to any former proceedings of parliament ; and 
unwarranted by any delay, denial, or perversion of justice in America. It was so big with oppres- 
sion and misery to that country, and with danger to this, that the first blush of it was sufficient to 
alarm and rouse him to opposition. It went to stigmatize a whole people as persecutors of inno- 
cence, and men incapable of doing justice, without a single fact being produced, on which to ground 
the imputation. 

" On the contrary, the instances which have happened, are direct confutations of such charges. 
The case of Capt. Preston was recent; this officer and some soldiers had been indicted at Boston 
for murder, in killing some persons in the suppression of a riot ; they were fairly tried and fully 
acquitted. It was an American jury, a New-England jury, a Boston jury, which tried and acquit- 
ted them. Capt. Preston has under his hand, publickly declared, that the inhabitants of the very 
town where their fellow citizens had been slain, acquitted him. This is the very case the act 
supposes. Is this the return made them ? Is this the encouragement given them to persevere 
in so laudable a spirit of justice and moderation ? He denied that the cases of trials for smuggling, 
and of treason in the last rebellion, did at all apply to the present case, because the inconveniencies 
of prosecution or defence, were comparatively insignificant, on account of the little distance to which 
the trials were removed. 

" He took notice of Lord North's expression, ' we must show the Americans, that we will no 
longer sit quiet under their insults,' and called it mere declamation, unbecoming the character 
and place of him who uttered it. He asked, in what moment have you been quiet ? Has not 
your government for many years past been a series of irritating and offensive measures, without 
policy, principles or moderation ? Have not your troops and your ships made a vain and insulting 
parade in their streets and in their harbours ? It has seemed to be your study to irritate and in- 
flame them. You have stimulated their discontents into disaffection, and you are now goading 
their disaffection into rebellion. Can you expect to be well informed when you listen only to par- 
tizans ? Gan you expect to do justice, when you will not hear the accused ? 

*« After having endeavoured to show that the bill was without precedent to support it, or facts 
to warrant it, he proceeded to represent the consequences which it was likely to produce. A 
soldier feels himself so much above the rest of mankind, that the strict hand of the civil power is 
necessary, to check and restrain the haughtiness of disposition which such superiority inspires. 
What constant care is taken in this country, to remind the military that they are under the res- 
traint of the civil power ! In America, their superiority is felt still more. Remove the check of 
the law, as this bill proposes, and what insolence, what outrage, may you not expect ? Every 
passion that is pernicious to society, will be let loose upon a people unaccustomed to licentiousness 
and intemperance. These people, who have been long complaining of oppression, will see in the 
soldiery those who are to enforce it upon them ; whilst the military, strongly prepossessed with 
the idea of that people being rebellious, unawed by the civil power, and actuated by that arbitrary 

And enacts, " that every person charged -with murder, or a capital offence, in the cases afore- 
said, and brought before any justice of the peace, or coroner, shall be admitted to bail &c.''' 

" That where persons are brought to trial, in such cases, in the colony and at the time of trial, 
shall request time to apply to the Governor, to be tried in another colony, or in G. Britain, the 
trial shall be postponed a reasonable time, for such application to be made." 

And provisions are introduced, regulating the mariner of transmitting the indictment, trial &c. 



M [1774, April.] HISTORICAL NOTES, &c. 

spirit which prevails in the hest troops, will commit violences which might rouse the tamest 
people to resistance, and which the vigilance of their officers cannot effectually restrain. The in- 
evitable consequence will be open rebellion, which you profess by this act to obviate. I have 
been bred a soldier, (1) he continued, have served long ; I respect the profession, and live in the 
strictest habits of friendship with many officers; but there is not a country gentleman of you all, 
who looks upon the army with a jealous eye, or would more strenuously resist the making them 
independent of the civil power, than myself. No man is to be trusted in such a situation. It is 
not the fault of the soldier, but the voice of human nature, which, unbridled by law, becomes 
insolent and licentious. When I stand up an advocate for America, I feel myself the firmest 
friend of this country. We owe our greatness to the commerce of America. Alienate your colo- 
nies, and you destroy the genuine supply which nourishes your own strength. Let the banners 
of rebellion be once spread in America, and you are an undone people. You are urging this des- 
perate, this destructive issue. You are urging it with such violence, and by measures tending so 
manifestly to that fatal point, that though a state of madness only could inspire such an intention, 
ft would appear to be your deliberate purpose. You have changed your ground ; you are becom- 
ing the aggressors, and are offering the last of human outrages to the people of America, by sub- 
jecting them, in effect, to military execution. I know the vast superiority of your disciplined 
troops over the provincials ; but beware how you supply the want of discipline by desperation. 
Instead of sending them the olive-branch, you have sent the naked sword. By the olive branch* 
I mean a repeal of all the late laws, fruitless to you and oppressive to them. Ask their aid in a 
constitutional manner, and they will give it to the utmost of their ability. They never yet refused 
it when properly called upon. Your journals bear the recorded acknowledgments, of the zeal 
with which they have contributed to the general necessities of the state. They may be flattered 
into any thing, but they are not to be driven. Have some indulgence to your own likeness ; 
respect their sturdy English virtue ; retract your odious exertions of authority ; and remem- 
ber, that the first step towards making them contribute to your wants, is to reconcile them to 

your government. 

" An old member, (Mr. Hose Fuller,) who was very rarely adverse to ministry, strenuously j 
opposed this bill, and concluded his speech with these remarkable words: "I will now take my j 
leave of the whole plan. You -will commence your ruin from this day. I am sorry to say, that i 
net only the house has fallen into this error, but the people approve of the measure. The people, I 
I am sorry to say, are misled. But a short time will prove the evil tendency of this bill. If ever )| 
there was a nation running headlong to ruin, it is this." 

** On the 8th of May, Sir George Saville moved for leave to present a petition from the \ 1 
natives of America resident in London, against the two bills then depending, which was ad- ] 
mitted. 

"Therein it was asserted, that a charter, so granted as that of the 3rd of William and Mary j j 
to the province of Massachusetts bay, was never before altered or resumed, but upon a full and j 
fair hearing ; that therefore the present proceeding is totally unconstitutional, and sets an example, j 
which renders every charter in Great Britain and America entirely insecure. The appointment || 
and removal of the judges at the pleasure of the governor, with salaries payable by the ctowd, • I 
puts the property, liberty, and life of the subject, depending on judicial integrity, in his power. I 
The petitioners perceive a system of judicial tyranny deliberately at this day imposed upon them, I 
which, from the bitter experience of its intolerable injuries, has been abolished in this country.' j 
It then proceeded to state the objections to the other bill, for the more impartial administration of I j 
justice in the province of Massachusetts bay ; many of which were similar to those urged by I 
colonel Barre', which have been already stated. The bill, says the petition, by giving a dispensing 
power to the governor, advanced as he is by the former bill above the law, and not liable to any 
impeachment from the people he may oppress, must constitute him an absolute tyrant. No his- 
tory can show, nor will human nature admit of, an instance of general discontent, but from a ge- 
neral sense of oppression. The petitioners wished they could possibly perceive any difference be- 
twten the most abject slavery, aud such entire submission to a legislature, in the constitution of 
which they have not a single voice nor the least influence, and in which no one is present on 
their behalf. They regarded the giving their property by their own consent alone, as the inalien- 
able right of the subject, and the sacred bulwark of constitutional liberty : to deprive the colonies 

(O He served under Gen. Wolfe, and ivas in the action of Sep. 13, 1759, at the capture of 
Quebec, token Wolfe fell.- 6 Generate were kilted or wounded : the loss of the English 500 and 
that of the French 1500 men. 



[177 A, May.] HISTORICAL NOTES, &c. 85 

therefore of this right, is to reduce them to a state of vassalage, leaving them nothing they can call 
their own ; nor capable of any acquisition, but for the benefit of others. They entreated the house 
to consider, that the restraints which the examples of such severity and injustice impose, are ever 
attended -with the most dangerous hatred. In a distress of mind which could not be described, 
the petitioners conjured the house, not to convert their zeal and affection, which have hitherto 
united every American hand and heart in the interests of England, into passions the most painful 
and pernicious. Most earnestly they beseeched the house not to attempt reducing them to a 
state of slavery, which the English principles which they inherit from their mother country, will 
render worse than death.' — Never theless, the « bill for regulating the government of Massachusetts' 
bay ' was, that same day, carried by a majority of almost five to one ; 127 to 26. 

"In the house of lords, the absolute necessity of a powerful and speedy remedy for the cure 
of a government, which was so totally debilitated as that of Massachusetts bay, was the chief reason 
assigned for the haste with which the bill was carried tlirough, and for declining to hear evidence 
at the bar, and for departing from the ordinary rules by which judicial proceedings are regula- 
ted. The lords in administration endeavoured to prove, that the process was not of a penal na- 
ture ; so far from it, that it was beneficial and remedial : they went so far as to assert it to be a 
great improvement in the Massachusetts form of government, because it brought it nearer to the 
English model. All these assumptions were controverted by the minority lords, who strenuously 
opposed the bill, without being able to make any converts to their opinion. It passed on the 11th of 
May, 92 against 20. The licentiousness of the people, was hereby to be suppressed by the licen- 
tiousness of power. A. protest was however entered on the journal, which was signed by eleven 
lords.(l) 

" In this protest it was maintained, that the rights which the inhabitants of Massachusetts bay 
enjoyed by virtue of their charter, could not be properly taken away, without the definite legal 
offence by which a forfeiture is incurred, being first clearly stated and fully proved ; and the par- 
ties affected by such proceedings, should have had notice of the process, in order that they might 
plead in their own defence. Such a mode of proceeding is not technical formality, but substantial 
justice. It proceeded to say, ' that if the numerous land and marine forces which were ordered 
to assemble in Massachusetts bay, were not sufficient to keep that single colony in any state of 
order, until the cause of its charter can be fairly and equally tried, no regulations in this bill, nor in 
any other brought into that house, are sufficient for that purpose.' Another objection made was, 
'because the appointment of all the members of the council, which this bill vested in the crown, 
is not a proper provision for the equilibrium of the colony constitution : the crown being empow- 
ered to increase or lessen the number of the council, on the report of the governor; which tends 
to destroy freedom of deliberation, and wholly to annihilate its use.' The regulation respecting 
the sheriffs, was another innovation strongly objected to in this protest; the appointment of whom, 
being by the will of the governor only, and without requiring in the person appointed any local op 
other qualification, and making that officer changeable by the governor and council as often, and 
for such purposes, as they shall think expedient ; is a power which the British constitution has not 
trusted to his majesty and his privy council. Hereby the invaluable right of trial by jury, is turned 
into a snare for the people, who have hitherto looked upon it as their main security against the 
licentiousness of power. It concludes with saying, ( If the force proposed shall have its full effect, 
that effect, we greatly apprehend, may not continue longer than whilst the sword is held up. To 
render the colonies permanently advantageous, they must be satisfied with their condition.* 

« The reception given to the other bill, which went « to regulate the administration of justice in 
Massachusetts bay,' in the house of lords, was similar to that which changed the nature of its 
government, where it was carried through 43 to li., [May 18, 1774.] The minority lords on this 
occasion likewise entered a very strong protest,(2) in which they assigned, among other reasons 
for their dissent from the bill, « that after the proscription of the port of Boston, the disfranchise- 
ment of the colony of Massachusetts bay, and the variety of provisions which have been made in 
the session for new modeling the whole polity and judicature there, this bill is an humiliating con- 
fession of the weakness and inefficacy of all the proceedings of parliament, by supposing that it 
may be impracticable, by any means which the publick wisdom could devise, to obtain a fair trial 
there, for any who act under government. By the bill therefore it is virtually acknowledged, that 

(1) Viz. Richmond, Portland, Abingdon, King, Effingham, Ponsonby, Rockingham, Aberga- 
venny, Leinster, Craven, Fitzwilliam. 

(2) The protesting lords -were Richmond, Fitzvdlliam, Pomonby, Rockingham, Portland, 
Craven, Leimter, Manchester. 



S6 [1774, May.] HISTORICAL NOTES, &c 

the British government is universally odious to the whole province ; and that it is, or may become, 
hateful to all the colonies : which is to publish to all the world, in terms the most emphatical, the 
little confidence, the supreme legislature reposes in the affections, of so large and so important a 
part of the British empire. The bill therefore amounts to a declaration, that the two houses of 
parliament know no means of retaining the colonies in due obedience, but by an army rendered 
independent of the ordinary course of law, in the place where they are employed.' They likewise 
dissent, 'because they think that a military force sufficient for governing upon this plan, cannot 
be maintained without the inevitable ruin of the nation :' and lastly, ' because the bill seems to be 
one of the many experiments, towards an introduction of essential innovations into the government 
of the empire.'"(l) 

Another Ml was introduced and passed, "for the better providing suitable quarters for the 
officers and soldiers, in his majesty's service in America."(2) 

By the existing law, for quartering the king's troops in North America, it was understood, that 
troops could not be quartered in private buildings, where barracks had been built sufficient for 
their reception, in any town, district, or place : 

As it was determined general Gage should put his forces, in the most imposing situation at. 
Boston, where the barracks were ample, but at some distance from the central parts of the town ; 
this act was passed more effectually to overawe the people : — It recites " that it might frequently 
happen, the situation of the barracks in a colony, city, district, or place, might be such as that 
the troops quartered therein, would not be stationed where their presence may be necessary and 
required ;" and then enacts, " that in such cases, on the requisition of the commander in chief) 
of his majesty's forces in North America, made to the (proper authority,) in eaeh town or place 1 
in any of the provinces, &c. such authority, shall cause the officers and troops to be quartered and I 
billeted, as by law directed, where no barracks had been erected." (Viz. In unoccupied private I 
houses and buildings.) 

It then further enacts, " that if on such requisition, no quarters are provided within 24 hour3 ' I 
after demand ; it shall be lawful for the governor of the province, to order and direct so many | j 
uninhabited houses, out houses, barns, or buildings, to be taken and fitted up for their reception, ! | 
for such time as he might think proper, making a reasonable allowance for the same." 

This act gave the highest offence, as private houses which might be unoccupied for a day, 
could be seized, and made the rendezvous of soldiers ; hut what more than this affected the minds 
and spirits of freemen was, the insulting exercise of ministerial power, in subjecting their houses ] 
and fire sides, to the inspection and control of an insolent and brutal soldiery ! The term «' unin- 
habited" was a description, which authorised the occupation of publick buildings, not in the imme- 
diate occupancy of a keeper, or tenant. 

{June 22.3 « A bill had passed the house of lords with little notice, and but weak opposition, (41 
to 15,) for the purpose of* making more effectual provision for the govcr?ime?it of the province 
of Quebec, in North America,' (3) and was brought to the commons on the 18th of May. On the 
second reading it was very strongly opposed. 

*' By his majesty's proclamation, dated 7th of October 1763, the countries, territories, and 
islands ceded by the peace, were declared to be formed into foar distinct governments, viz. Que- 
bec, East Florida, West Florida, and Grenada, by virtue of letters patent, under the great seal of 
Great Britain; and the respective governors were vested with express power and direction, that 
as soon as the state and condition of the said colonies would admit thereof, they should, with the 
advice and consent of the members of their respective provincial councils, summon and call the ge- 
neral assemblies within the said governments respectively, in such manner and form as is used and 
directed in those provinces and colonies in America, which are under the immediate government 
of the crown. And the governors were thereby farther empowered, by the consent of the coun- 
cil and representatives of the people so summoned, to make, constitute and ordain laws, statutes, 
and ordinances, for the publick peace, welfare, and good government of their colony, as near as 
may be agreeable to the laws of England, under such restrictions and regulations as are used in 
other colonies. And until such a form of government can be established, all persons inhabiting in, 
or resorting to these colonies, were assured of the royal protection for the enjoyment of the bene' 

(1) North's Admin. (2) XII Stats. 96. 14 Geo. 3. c. 54. June 22, 1774. 

(3) XII Stat. 83. 14 Geo. 3. c. 83.— It passed June 22, 1774, -when the king put an end to 
this 7 session oftlie 13 parliament, a session -which roused America to arms ! I have not given 
the parts entire of this act, being longpubliek, and stated in the debates. 



[1774, May/] HISTORICAL NOTES, &c. 87 

fit of the English laws ; for which purpose courts of judicature were directed to be constituted to 
determine all causes, as well criminal as civil, according to law and equity, and as near as may 
be agreeable to the laws of England, with a right of appeal to the king's privy council, under the 
usual limitations and restrictions. 

" The Quebec bill went to establish most important regulations. Its first object was, to affir 
new boundaries to the province : in doing which, it in fact, renounced the claims which had been 
made by the commissioners, appointed by the British court to settle with the French, the limits of 
Nova Scotia, or Acadia, after the peace of Aix-la-Chapelle ; for it made the province of Quebec, 
or Canada, to extend along the southern coast of the river St. Laurence, from Chaleur Bay almost 
to Crown point ; to maintain the contrary of which, was the principal business of that commission. 
The bill, in farther describing the new limits to the province, carried them over the v/hole interior 
country which lay behind the New England provinces, together with those of New York and 
Pennsylvania, to the borders of the Ohio. The limits would most probably have been extended 
quite to the back of Georgia, if the charter granted to the province of Virginia had not conveyed 
the right to all the lands westward, quite to the river of Mississippi ; so that here the progress was 
stopped, and it was struck off westward, through no less than ten degrees of longitude, to the east- 
ern banks of the Mississippi, from whence it proceeded northward, until it touched the southern 
boundary of the lands granted to the Hudson's Bay company, being from about the fortieth to the 
fiftieth degree of latitude. These regions, in which nature delights in the inajestick, include the 
five great lakes, are much more extensive than the kingdom of France, and are capable of sub- 
sisting a larger number of inhabitants. The other grand object in the bill was, to new model the 
government of a province, thus extended to the circumference of a mighty empire. It granted 
the free exercise of the religion of the church of Rome, subject to the king's supremacy; and 
granted to the clergy of that church, the power of holding, receiving, and enjoying their accus- 
tomed dues and rights, with respect to such persons only, as shall profess that religion ; a right 
being reserved in his majesty, to make such provision out of the rest of the accustomed dues and 
rights, for the encouragement of the protestant religion, and for the maintenance and support of 
a protestant clergy within the province, as shall appear necessary and expedient. In all matters of 
controversy, relative to property and civil rights within the province of Quebec, resort to be had 
to the laws of Canada,(Y) as the rule for the decision of tne same. The governor, lieutenant-go- 
vernor, or commander in chief, with the consent of the legislative council, have the power of en- 
acting new laws, except such;as lay any tax or duty, and repealing or altering old ones ; but all such 
acts must receive the royal approbation, to be in force. Real and personal estates might be dispo- 
sed of by will, if executed either according to the laws of Canada or England. The crimmal law 
of England was, by this bill, continued in the province. The provincial assembly was hereby 
abolished, by being suspended in the following terms, ' and whereas it is at present inexpedient to 
call an assembly,' and the council to consist of no more than twenty -three, or less than seventeen, 
composed of persons resident in the province, and appointed by the king. 

" Mr. Dunning called it the most pernicious bill ever offered to parliament. He represented 
the form of government thereby given to the inhabitants of Canada, as essentially the same in 
form, and more liable to abuse, than the one they had formerly enjoyed under the crown of France ; 
and that the ecclesiastical establishment granted to them, was intended to cheat them out of their 
civil liberties as British subjects. It was intended, he said, to operate two ways, first, for establish- 
ing arbitrary power in that vast extent of country ; and secondly, to employ that power, thus mo- 
dified and rendered obedient to the will of the possessors, in assisting to overthrow the liberties of 
America. Mr. Thurlow (attorney-general) stated to the house the different governments which 
had prevailed in Canada, from the first settling in that country by the French ; and contended, 
that it was dangerous, cruel, and unprecedented, to establish new laws in a conquered country. 
General Carleton, governor of Canada, was examined. He showed the inconsiderable number of 
protestants settled in Canada, compared with those who professed the Roman catholick faith. 
The inhabitants in general, he said, liked the old French laws in preference to the English form of 
government ; and he was of opinion, the bill then depending would be generally relished. In the 
progress of the business many other witnesses were examined ; viz. Mr. Hay, chief justice of that 
province ; Mr. Mazeres, cursitor-baron of the exchequer, and late attorney-general there, and 
agent to the English inhabitants of Canada; Dr. Marriott, the king's advocate-general in England ; 
Mons. Lolbiniere, a French gentleman of considerable property in Canada. It was proposed that 

(1) Civil law, no trial by jury. 



88 [1774, May.] HISTORICAL NOTES, &c. 

general Murray, who was the first British governor of the colony, and continued in that capacity 
several years, should be summoned to attend, but it was overruled. The information obtained by 
these witnesses was, principally, as to the preference given by the French inhabitants to the 
French or English laws ; and it seemed pretty evident, that different sentiments prevailed among 
different ranks and conditions; the gentry made choice of the French code, the middle order and 
peasantry, prefered the English laws. 

" A petition was presented to the house from Thomas and William Penn, owners of a great 
part of the province of Pennsylvania, representing the great injury their property would receive 
by the bill, and praying to be heard by counsel. Another petition was presented, signed by several 
merchants trading to Canada, which set forth, that several clauses in the bill would materially 
affect their property. Counsel was heard at the bar in behalf of both petitions. A petition was 
likewise presented by the city of London against the bill. Serjeant Glynn insisted, that it was a 
breach of the royal promise contained in the proclamation in the year 1763, which declared, that 
all persons who would go over to Quebec, should be entitled to the same laws and protection as 
they had had in England ; whereas the bill before the house went to establish French laws, and the 
Roman catholick religion. In reply to the attorney-general, he showed, that it was far from being 
unprecedented to introduce a new code of laws into a conquered country, Ireland and Wales were 
proofs thereof. 

" In support of the bill it was urged, * that the laws which regarded personal property, and con- 
tracts between man and man, were much the same in France as in England. The French had 
no notion of a trial by jury, and disliked it as an innovation. The treaty of Paris, it was said, 
had secured to the French Canadians the free exercise of their religion, as far as was consistent 
with the laws of England ; and our penal laws with respect to religion, it was asserted, did not 
extend beyond this kingdom, as the king's supremacy did ; and the Roman catholicks of Canada 
were obliged by the act to give a proof of their allegiance, by taking an oath which was therein 
prescribed, against all such papal claims as interfered therewith. The sprnring £be Romish clergy 
their tythes by the act, was no more than placing them in the condition which they stood in 
at the conquest ; subject however to this disadvantage, that no person professing the protestant 
religion was to contribute any thing to their support. The extension of the boundaries of the 
province beyond the limits picscrioea in Uic proclamation, was justified by the plea, that several 
French families were settled in remote parts of the country, beyond the former districts, and an 
entire colony was established among the Illinois Indians. 

<« The opposition to the bill, was founded on the monstrous incongruity which appeared, in a 
British legislature establishing a form of arbitrary government in any part of the empire. Such a 
conduct was unknown in the history of this country, and would have been execrated at any other 
time than the present. The setting aside the assembly of the province, was imputed to the utter 
dislike which the ministry bore to such popular deputations, as well as to all the rights of the 
people at large. The measure was called an experiment for setting up an arbitrary government 
in one colony, which may be more patient of it than the rest, in order to extend by degrees that 
mode of ruling to all the others. It was asked, why is a trial by jury abolished in suits at law ? 
Can the people be thought to have an objection to trust their poverty to a tribunal, to which they 
have trusted their lives ? They insisted, that the grand security of their liberty is, the power of 
having civil actions tried by a jury ; as in cases of ai bitrary imprisonments, and many other viola- 
tions of the right of the subject, the redress has been always sought in such a way. The English 
residing in Canada and the merchants of Great Britain, who trusted their property on a pre- 
sumption that it was under the protection of the English laws, would be greatly aggrieved in bein* 
subjected to French customs and French forms of trial. The regulations hereby made with re- 
spect to the religion of the country, was much objected to. Every one seemed willing to allow 
the most extensive toleration to the Roman catholick religion, but many warmly opposed the es- 
tablishment of that religion throughout the province, and giving protestantism no more than a to- 
leration. The popish clergy gain a legal parliamentary right to a maintenance, the protestant 
clergy are left at the king's discretion. Both ought at least to be put on an equal footing, and legal 
support provided for both. 

"This bill occasioned greater debates, and larger minorities upon each division, than any of the 
hills respecting America, which had been before the house of commons this session. Many 
amendments were made to it, and the minority laboured to give a trial by jury at the option of 
the parties; but in this they failed, as well as in obtaining for the Canadians the privilege of the 
writ of habeas corpus. In consequence of the amendments, it was. sent back to the lords for 



[1774, May.] HISTORICAL NOTES, &c. 89 

their concurrence ; which furnished lord Chatham with an opportunity of entering very fully into 
the merits of the bill. The amendments were agreed to, twenty-five against seven. The Lord 
mayor, aldermen, and commons of the city of London, presented an address to his majesty, pray- 
ing that lie would not give his royal assent to the Quebec bill ; immediately on receiving of which, 
he went to the house of peers, and gave his royal assent to such bills as were ready, of which this 
bill was one, and then put an end to the session. June 22. 

« It is very remarkable, that all the regulations made in this session of parliament, respecting 
the government of the American colonies, were in exact conformity to governor Hutchinson's idea 
of colony administration, as expressed in an extract from one of his letters, which we have given, 
(p. 60, 61.) By extending the limits of the province of Quebec, to all lands situated behind the north- 
ern and middle colonies, which were not expressly included in any charter, if any settlements 
were already made by any of the colonists on parts out of their limits, which was very probable, 
such settlers would be immediately deprived of their democratick form of government. It also 
circumscribed old colonies within certain limits, which if, in future times, should be found too 
narrow for their increased population, those who sought new possessions would be obliged to relin- 
quish their chartered form of government. 

" Another act(l) which affected the province of Quebec, received the royal assent at the same 
time ; the purport of which was, to establish a fund towards further defraying the charges of the 
administration of justice, and support of the civil government within that province. The French 
had laid duties on rum, brandy, and other liquors imported into the province of Quebec ; and upon 
all dry goods into, and exported from that province ; all of which, by this act, were taken off, and 
in their stead was laid a duty of three pence per gallon on brandy and other spirits, the manufac- 
ture of Great Britain. On West India rum or other spirits, six pence per gallon ; American, 
Bine pence ; rum or spirits of foreign manufacture one shilling. Molasses and sirups were to 
pay similar duties, according to the ports from whence they were brought. The same act obliged 
every person keeping a house of publick entertainment, or retailing wine or other liquors, to take 
out a licence, for which he was to pay thirty six shillings. The revenue arising from the duties 
on merchandize, was appropriated to defraying the expenses of the administration of justice, and 
the support of the civil government in the province : the money arising from licences was granted to 
his majesty. This act therefore, served to establish in the province, both commercial and internal 
taxation; as well as the right of parliament to dispose of the money raised by taxes there, either 
to the support of the province, or for any other purpose they should think proper to apply it to. 
This act was essential to the perfecting of that system of government which was framed for Que- 
bec. (It served also to establish a precedent against the other colonies.) Notwithstanding 
which, it was little noticed, either in its progress through the two houses, or by the people at 
large."(2) (5) 

CI) XII Stat. 201. 14 Geo. 3. c. 88.— (2) North's Admin. (3) It is proper here to add, that 
this parliament never met again, after its prorogation, June 22, iTTi.for on the 30th of Sep- 
tember the parliament was suddenly dissolved by a royal proclamation, after having sat six 
years, and the -writs for electing a new house of commons, were returnable on the 29th of 
November following. As this was a very unexpected measure, because an unusual exertion of 
the regal prerogative, no similar instance having happened for almost thirty-one years, it gave 
the ministry great advantages in the election of members. Indeed the exigencies of the crown 
and the state of publick affairs were such, that administration could not allow that the next ses- 
sion of parliament should be employed in framing such popular acts, as constantly take place 
in the last session of parliament. The ministry had very important, and not very agreeable 
objects before them ,• the one was, to pay off the debts incurred upon the civil list establishment, 
and to obtain an increase in the annual revenue ; the other, to bring the Americans to uncon- 
ditional obedience, and only a house of commons which was just entered on its functions, coidd 
venture to concur in such designs. 

Although the parliament which was now dissolved, had, in some particular instances, gone 
counter to tlie minister, and left him in a minority ; a conduct, which had ever been considered 
in former administrations as portending his removal, yet no one of these instances was succeed- 
ed by any diminution of the minister's influence, in any of the grand objects pursued by govern- 
ment; on tlie contrary, his lordship seemed, like Antaeus, to gain strength by every fall. In 
no parliament since the revolution, did the crown obtain so great an increase of influence as in 
this we are speaking of A parliament in the reign of Richard II. was called " the wonder 
■working parliament," becatise it punished the judges and ministers with severity, and endeavour- 
ed to reconcile the king and his people. Other parliaments have likewise been distingiushed by 
titles, expressive of the general tendency of their conduct ; on which account that house of com- 
mons, which increased tfie national debt upwards of sixty millions during the last war, has been 
called by some " the prodigal parliament.'" On the same principle, the thirteenth parliament of 
Great Britain may with propriety be entitled, " the regal parliament." At the close of it, lord 



90 [1774, May.] HISTORICAL NOTES, &c. 

From what precedes, it appears that parliament, on account of the reception of the "tea ships" 
at Boston and elsewhere, in Dec. 1773, instead of retracing the fatal step they had taken, in 
June of that year, which authorised the India co. to send it out, and also repealing the original 
act of 1767; resolved on coercion; and at this their 7th session (begun in January 1774,) 
passed those highly penal and alarming acts, namely, the " Boston port bill," in March ; that for 
the "impartial administration of justice in Massachusetts," that for "changing its charter and 
form of government," and that for " quartering soldiers," in May; and the "Quebec bills," in 
June ; and were then prorogued, and finally, Sep. 30th, dissolved, as more particularly stated in 
the preceding detail. 

No doubt, as was often repeated in the debates on those bills, parliament conceived, " they 
would bring the Americans to submission." 

It will be remembered also, that immediately on the passage of the "Boston port bill," in Mar, 
and with a view to enforce that, and the subsequent measures; general Gage was appointed com- 
mander in chief of the forces in North America, and governor of Massachusetts Bay,(l) and sailed 
from England with 4 regiments, for Boston, at which place two others were permanently sta- 
tioned : He arrived [May 13.] at which time the news of the " Boston port bill," had been re- 
ceived there. 

It is now to be seen, what -were the effects of this and the other acts, in America, backed as 
they were, by a formidable armament, and many reinforcements sent daring the summer and 
fall of this year, to Boston. 

£ May 13.] "When general Gage landed on the long wharf,(2) it was thought from appearances, 
that he had apprehensions of being ill treated by the inhabitants ; but though they were highly in- 
censed at the port bill, which they had just received, they behaved toward him with the greatest 

(1) Tliis gentleman had resided a long time, on the American continent, had filled many re- 
spectable posts ; and rendered himself popular by his general conduct : Little prepared could 
he have been, to meet so universal and determined a confederacy. — As he had heretofore had 
many opportunities, of acquainting himself with the temper and disposition of the Americans, it 
■would be a libel on the British cabinet to suppose, that he had not been consulted on the effect 
loluch was likely to be produced, from this decisive proceeding of Great Britain, in which case, 
the opinion which he held cannot be doubted, for by accepting the government, he showed that 
he flattered himself with the expectation of restoring tranquillity ; but human expectancy is the 
vainest of all vain things ! 

On his arrival, Mr, Hutchinson, the late governor, embarked for England; being very much 
disconcerted and disappointed, that he had not been entrusted with the execution of the ministe- 
rialplan, after so muchpains taken by him to promote it. (2) Boston. 

North appeared to be firmly established in his liigh office : indeed, his abilities were admirably 
adapted to t/te conducting of affairs in the house of commons, by his steady attention and appli- 
cation to business, his coolness in debate, and talents as a speaker : for having now sat in three 
parliaments, he had corrected very strong natural impediments which lay in the way of his be- 
coming an orator, and had acquired a very agreeable and persuasive elocution, which he em- 
ployed with great address in foiling the attacks made upon him from various parts of the house. 
On all occasions he maintained his dignity, without appearing to assume or dictate.' 

The following is added, taken from this author, merely to show how mistaken lord North was 
in predicting the course which would be taken by Louis the XVI. 

" On the 10th of May, 1774, died Louis XV. king of France, in the sixty-fifth year of his age, 
and fifty -ninth of his reign, who was succeeded by his grandson Louis XVI. then almost twenty 
years of age ; the young king had been four years married to a princess of the house of Austria. 
"On his accession, he found his kingkom recovering from that state of confusion into which it 
had been plunged by the improvidence of his predecessor ; but who, in the latter part of his 
reign, had applied every method to rectify the disorders of the state. Lord North took occa- 
sion to speak of this event in the house of commons : he said, f a great and good prince -was 
dead, who was a man of an amiable and peaceable mind,- but Jus successor, was not only wise 
and (economical, but a pacific prince, who would not enter into any unnecessary war to try projects* 
The new reign produced a new minister of finance, M. Turgot. The edicts issued during his 
administration, were phenomena in the political world : an absolute king rendering account to 
his subjects, and inciting his people to think; a right, which it has been the business of all ab- 
solute kings, and their ministers, to extinguish in the minds of men; but the regulations which 
he aimed at introducing, excited so strong an opposition, that he was soon obliged to qidt his 
post, which was given to a man who afterwards accomplished xvhat the other had attempted in 
vain, by introducing a very general reformation in tlie govemnient and affairs of France, so far 
as thepublick revenue was concerned" 



{177 A, June.] HISTORICAL NOTES, &c. 91 

decency. He was complimented by the council, the gentlemen in the commission of the peace, 
and others, and afterward sumptuously entertained. 

"The next day there was a mimerous town meeting, to consider the port bill; when they re- 
solved, 'That it is the opinion of this town, diat if the other colonies come into a joint resolution 
to stop all importation from and exportation to Great Britain, and every part of the West Indies, 
till the act be repealed, the same will prove the salvation of North America and her liberties; 
and ;that the impolicy, injustice, inhumanity, and cruelty of the act, exceed all our powers of 
expression : We therefore leave it to the just censure of others, and appeal to God and the 
world.' Copies of the act arrived in different parts ; were multiplied with incredible expedition, 
and circulated through the colonies ; by which the whole country was inflamed. In some places 
tbey were printed upon mourning paper, with a black border, and cried about the streets under 
the title of 'a barbarous, cruel, bloody and inhuman murder? in others, great bodies of the people 
were called together by advertisement, and the obnoxious law burned with great solemnity, simi- 
lar to what was done in the time of the stamp act." 

In New York, upon its first arrival, a great meeting was held ; and after much indignant exe- 
cration upon the act, a committee of 52 named, who immediately wrote to the corresponding 
committee at Boston, insisting that a " general Congress" ought to be convened, and recommend- 
ed to that committee to appoint time and place.(l) 

" The Boston committee of correspondence were sensible, that the utmost delicacy and precau- 
tion in the use of words and expressions, were requisite in the present state of affairs ; that so 
their enemies might not disappoint them of that support, for which they were to make a general 
application to all the colonists, and whom they addressed on the head of the port bill, and the 
distresses coming upon the inhabitants, with the utmost respect ; they were careful to insert in 
all their letters, ' It is hoped that Boston will be considered as suffering in tlie common cause: 

[May 25.] "While these letters were circulating, the period arrived for the meeting of a new 
general court,(2) which assembled at Boston, when the services of the election day were carried 
on as usual; but the hearts of many felt sad with the apprehension, that it would be the last of 
the kind.(3) Their forebodings were increased, by the number and characters of the elected 
councillors whom governor Gage negatived— not less than thirteen. He laid nothing before the 
court more than the ordinary business of the province ; but gave them notice of their removal to 
Salem on the first of June, inpursuarice of the act. Learning that the house of assembly, to avoid 
removing, were hastening through the necessary business with the greatest expedition, he ad- 
journed the general court to the seventh of June, then to meet at Salem. Before that day, the 
inhabitants of several towns and cities, in different parts of the continent, concurred in expres- 
sing the greatest disapprobation of the measures pursued against Boston, an abhorrence of the 
new act, and a condemnation of the principles on which it was founded, with a resolution to op- 
pose its effects in every manner, and to support their distressed brethren, who were to be the 
immediate victims. 

" At Philadelphia a subscription was set on foot, for the support of such poor inhabitants of 
Boston, as should be deprived of the means of subsistence by the operation of the act. 

"The Virginia house of burgesses (which was in session when the act arrived,) appointed the 
first of June to he set apart as a day of fasting and humiliation, 'devoutly to implore the divine 
interposition, for averting the heavy calamity which threatened destruction to their civil rights, 
and the evils of a civil war ; and for giving one heart and one mind to the people, firmly to oppose 
every injury to the American rights.' This occasioned their dissolution ; but before they separated, 
eighty nine of the members entered into an association, in which they declared, ' That an attack 
made on one of our sister colonies, to compel submission to arbitrary taxes, is an attack made on 
all British America, and threatens ruin to the rights of all, unless the united wisdom of the whole 
be applied.' They recommended to the committee of correspondence, to communicate with the 
several committees of the other pi-ovinces, on the expediency of appointing deputies from the 
different colonies, to meet annually in general congress, to deliberate on those measures, which 
the united interests of America might from time to time require. 

{June I.] " Business was finished at the custom-house in Boston at twelve o'clock at noon, 

(1) This seems to have been the first proceeding of a direct kind, leading to tlie appointment 
of the congress, -a/ldch met in. the month of September ensuing — but there was a general and 
simultaneous impression, that a " congress^ should be called ; as appears by tlie Virginia recom- 
mendations, and that of other meetings on ths tame occasion, (2) Assembly. (3) It was th? 
last ever held under the royal government. 



92 [1774, June.] HISTORICAL NOTES, &c. 

and the harbour shut up against all vessels bound thither; and after the fourteenth, none were to 
be allowed to depart. The day was devoutly kept at Williamsburgh in Virginia, as a day of 
fasting and humiliation. There was a solemn pause in the business of Philadelphia. If we ex- 
cel)! the Quakers, near nine-tenths of the citizens shut up their houses ; and the bells were rung, 
muffled, all the day. It was observed in other places as a day of mourning. 

\June 7.~\ " The Massachusets general court met at Salem according to adjournment, and 
a committee was appointed to consider and report the state of the province. (1) Mr. Samvel 
Adams observed that some of the committee were for mild measures, which he judged no way 
suited to the present emergency. He conferred with Mr. Warren of Plymouth upon the neces- 
sity of giving into spirited measures, and then said, ' Do you keep the committee in play, and 
I will go and make a caucuses) against the evening; and do you meet me.' Mr. Adams secured 
a meeting of about five principal members of the house, at the time specified ; and repeated his 
endeavours against the next night; and so as to the third, when they were more than thirty: the 
friends of administration knew nothing of the matter. The popular leaders took the sense of the 
members in a private way, and found that they should be able to carry their scheme by a suffi- 
cient majority. They had their whole plan completed, prepared their resolves, and then deter- 
mined upon bringing the business forward. But before they went upon it, the door-keeper was 
ordered to let no one whatsoever in, and no one was to go out : however, when the business open- 
ed, a ministerial member was allowed to go out. He ran to give information of what was doing, 
and a messenger was dispatched to general Gage, who lived at some distance. The secretary 
was sent off to dissolve the general court; [June 17.] found the door fastened; knocked for 
entrance, but was answered, that the house was upon very important business, which when they 
had finished they would let him in. As he could obtain no entrance, he read the proclamation 
upon the steps leading to the representatives' chamber, in the hearing of several members and 
others on the out-side with him, and immediately after in the council, thus dissolving the general 
court. The house while sitting with their doors shut, appointed ' Thomas Gushing, Samuel 
Adams, Robert Treat Paine, James Bowdoin and John Adams, esqs. as their committee to 
meet other committees that might be convened the first of September at Philadelphia, voted 
them five hundred pounds lawful (seventy-five pounds sterling) each, and chose a treasurer. 
They recommended also to the several towns and districts, the raising the said sum, by equitable 
proportions, according to the last provincial tax — a recommendation which had all the force of 
a law.' "(3) 

"They also passed declaratory resolutions, expressive of their sense of the state of publiek affairs 
and the designs of government, in which they recommended to the inhabitants of that province, 
totally to renounce the consumption of East India teas, and as far as in them lay, to discontinue 
the use of all goods imported from the East Indies and Great Britain, until the publiek grievances 
of America should be radically and totally redressed. 

" The more fully to effect this essential purpose, it was again strongly recommended to give 
every possible encouragement to American manufactures." (4) 

" Sometime before the dissolution of the general court, near upon three hundred citizens of 
Philadelphia met, and appointed a committee to write to Boston. Their letter was temperate 
and firm. They acknowledged the difficulty of offering the inhabitants advice upon the sad 
occasion that existed ; wished first to have the sense of the province in general ; and observed, 
that all lenient applications for obtaaiing redress should be tried, before recourse was had to ex- 

(1) The assembly in this, adhered closely to the example of the English parliament in the 
reign of Gat . 1. They made tlie consideration of grievances, precede all other business. (2) T/ie 
■word caucus and its derivative caucusing, are often used in Boston. The last answers much to 
■what lue stile parliamenteering or electioneering. All my repeated applications to different gen- 
tlemen, have not furnished me with a satisfactory account of the origin of caucus. It seems to 
mean a number of persons, whether more or less, met together to consult upon adopting and 
prosecuting some scheme of policy, for carrying a favour^ point. The word is not of novel 
invention. More than 50 years ago, Mr. S. Ada7ns' father, and 20 others, one or two from 
the north end of the town, where all the step business is carried on, used to meet, make a caucus, 
and lay their plan for introducing certain persons into places of trust and power. When they 
had settled it, tliey separated, and used each their particular influence -within his own circle. 
He and his friends would furnish themselves with ballots, including the names of the parties 
fixed upon, -which they distributed on the days of election. By acting in concert together, with 
'a careful and extensive distribution of ballots, they generally carried the elections to their own 
mind. In like manner it was, that Mr. Samuel Adams first became a representative /or 
Boston. (3) Gor. (4) Mar. 



[1774, July/| HISTORICAL NOTES, &c. 93 

tremities. They remarked that it might perhaps be right to take the sense of a general congress, 
before the desperate measure of putting an entire stop to commerce was adopted; and that it 
might be right at any rate, to reserve that measure as the last resource, when all other means 
had failed. They mentioned, that if the making of restitution to the East India Company for 
their teas would put an end to the unhappy controversy, and leave the people of Boston upon 
their ancient footing of constitutional liberty, it could not admit of a moment's doubt what part 
they should take ; but they added, « it was not the value of the tea, it was the indefeisible right of 
giving and granting their own money, a right from which they could never recede, that was now 
the matter of consideration. ' 

" The importance and necessity of a general congress was soon felt by every colony, so that the 
measure taken by Massachusetts, was gradually adopted by the others. 

{June 25.] "Maryland, whose zeal in the cause of liberty was ardent, had a meeting of the 
committees appointed by the several counties, at the city of Annapolis, who elected five deputies 
for that province, < to attend a general congress at such time and place as may be agreed on, to 
effect one general plan of conduct, operating on the commercial connexion of the colonies with the 
mother country, for the relief of Boston and preservation of American liberty.' 

" When the opinion of the Boston town-meeting, respecting a joint resolution of the colonies, W 
stop all importation and exportation till the port bill was repealed, arrived in South Carolina ; 
May 13. it was represented to a number of the principal gentlemen in Charleston. The mode 
proposed was thought to be of two much consequence to be adopted, without the universal consent 
of the people. It was therefore determined to request a meeting of the inhabitants. That this 
might be as general as possible, circular letters were sent by express to every parish and district 
within the colony. 

{July 6.] (1) " A great number, from almost every part of South Carolina, met at Charleston. 
The proceedings of parliament against Boston and the Massachusetts Bay, were distinctly related 
to this convention of the people ; on which, without one dissenting voice, they came into various 
resolutions. Among others they resolved, • That five gentlemen be appointed deputies on the 
behalf of this colony, to meet the deputies of the several colonies in North America in general 
congress, to consider the act lately passed, and bills depending in parliament, with regard to the 
port of Boston and province of Massachusetts, also the grievances under which America labours, 
with full power and authority, in behalf of us and our constituents, to concert, and effectually to 
prosecute, such legal measures (by which we for ourselves and them, most solemnly engage to 
abide) as in the opinion of the said deputies, and of the deputies so to be assembled, shall be most 
likely to obtain a repeal of the said acts, and a redress of these grievances.' — That, while the op- 
pressive acts relative to Boston are enforced, we will cheerfully, from time to time, contribute 
toward the relief of such persons there, whose unfortunate circumstances may be thought to stand 
in need of most assistance :' — ' That a committee of ninety-nine persons be now appointed, to act 
as a general committee, to correspond with the committees of the other colonies, and to do all 
matters and things necessary to carry the resolutions into execution ; and that any twenty-one of 
them met together, may proceed on business— their power to continue till the next genera! 
meeting.' 

" The appointment of the above-mentioned deputies was recognized, ratified and confirmed, by 
the house of assembly at their next session, on the second of August. 

" The Connecticut house of representatives, in expectation of the event during their recess, 
empowered a committee of nine, in case a congress of commissioners from the several colonies 
should be convened, to meet and choose delegates to serve for that colony, and to correspond with 
other committees.(2) 

" At Philadelphia, a petition signed by near nine hundred free-holders was presented to Mr 
Penn, the governor, entreating him to call a general assembly as soon as possible. This request be- 
ing refused, the province proceeded to the election of deputies, who soon after met at Philadelphia. 
(3) {July IS."] The resolutions passed at this meeting, carry the marks of cool and temperate de- 

(1) Mr. Ramsay says July 18. (2) The committee appointed delegates in July and August. 
(3) Mr. Ramsay, thus states the proceedings on this refusal. The governor having rejused to 
call the assembly, a general meeting of the inhabitants -was requested. About 8000 met and 
adopted sundry spirited resolutions, June 18 In these they declared, that the Boston port act 
•was unconstitutional— that it -was expedient to convene a continental congress— to appoint a 
committee for tlie city and county of Philadelphia, to correspond with their sister colonies 
and the several wunties of Pennsylvania, and to invest that committee with pover, to at- 

12 



94 11774, August.] HISTORICAL NOTES, &c. 

liberation, as well as affection to the mother country, more than those of any others ; and are at j 
the same time equally firm in the determination of supporting the colonial rights. | 

"In them, the deputies set out with the strongest professions of duty and allegiance, and express 
their abhorrence of every idea of an unconstitutional dependence on the parent state, and the j 
most ardent wishes for a restoration of the former harmony. They reprobate in the strongest 
terms, the act and bills relative to the Massachusetts Bay, and declare that they consider their 
brethren at Boston, as suffering in the common cause. They insist upon the absolute necessity 
of a congress, to consult together and form a general plan of conduct for all the colonies. They j 
acknowledge, that a suspension of the commerce of that large trading province with Great Britain, 
will greatly distress multitudes of their industrious inhabitants, but pronounce themselves ready | 
to offer that sacrifice, and much greater, for the preservation of their liberties ; however, they 
express their desire, that congress will first try the gentle mode of stating their grievances, and 
making a firm and decent claim of redress. They conclude with declaring, that that province will | 
break off all commercial intercourse whatever, with any town, city or colony, and individuals in I 
them, who shall refuse or neglect to adopt and carry into execution, such general plan as shall be 
agreed upon in the congress. 

" They did not undertake to appoint the delegates, but left it to the Pennsylvania assembly. . 

f July 22.] The assembly met and made the appointment. 

[Aug. 5.] "At a meeting of delegates, from the different counties in Virginia at Williamsburgh, . 
beside the warmest professions of allegiance and loyalty, and several resolutions in common with 
the other colonies, they passed others which, considering the circumstances of the colony, with its I 
immediate dependence on the mother country for the disposal of its only staple commodity, must 
be considered as very deserving of attention, because strongly indicating the true spirit of that 
people. They resolved not to purchase any more slaves from Africa, the West Indies, or any 
other place ; that their non-importation agreement should take place on the first of the following i 
November, and that if the American grievances were not redressed by the tenth of August 1775, 1 
they would export after that time, no tobacco, nor any other goods whatever to Great Britain. 1 
They recommended the cultivation of such articles of husbandry, instead of tobacco, as might 1 
form a proper basis for manufactures of all sorts ; and particularly, the improvement of the breed j 
of sheep, the multiplying of them, and the killing as few as possible. They chose as delegates to ' 
a general Congress, Peyton Randolph, Richard Henry Lee, George Washington, Patrick Henry, 
Richard Bland, Benj. Harrison and Edmund Pendleton, Esqrs. 

{Aug. 10.] "At Newport in Rhode Island, an animated paper was circulated, with the motto 
♦JOIN or DB3.' The state of Boston was represented as a siege, and as a direct hostile invasion of 1 
all the colonies. * The generals of despotism (it says) are now drawing the lines of circumvalla- I 
tion around our bulwarks of liberty, and nothing but unity, resolution and perseverance, can save j 
ourselves and posterity from what is worse than death — slavery.' The general assembly of the j 
colony chose two deputies, to represent the colony in a general congress ; who were legally au- i 
thorized for that service, under the hand and seal of the governor. 

" All the other colonies, from New Hampshire to South Carolina inclusively, adopted the mea- j 
sure of electing representatives to meet in general congress.(l) 

" The Boston committee of correspondence received the most encouraging answers to their let- ' 
ters ; and were assured, that the town of Boston was considered as suffering in the common cause. 
They had more than the strongest expressions to console them, they had the substantial evidence 
of facts. Ministry promised themselves great advantages from making Salem the seat of govern- 1 

(I) See 1. Journ. cong. p. 2. Georgia was unrepresented in this congress. 

termine on the best mode for collecting the sense of the province, and appointing deputies to 
attend a general congress. Under the sanction of this last resolve, tlie committee appointed for 
that purpose, -wrote a circular letter [June 28.] to all the counties of the province, requesting them j 
to appoint deputies to a general meeting, proposed to be held on the 15th of July ; part of this let- 
ter -was in the following words : " We would not offer such an affront to the well known public k 
spirit of Pennsylvamans, as to question your zeal on the present occasion. Our very existence 
in. the rank of freemen, and the security of all that ought to be dear to us, evidently depends on 
our conducting this great cause to its proper issue, byjirmness, wisdom, and magnanimitti. It is 
with pleasure we assure you, that all the colonies, from South Carolina to New Hampshire, are 
animated with one spirit, m the common cause, and consider this as tlie proper crisis for having < 
our differences with tlie mother country brought to some certain issue, and our liberties fxed | 
upon a permanent foundation. This desirable end can only be accomplished by a free communi- 
cation 0/ sentiments, and a sincere and fervent regard for the interests of our common country," 



[1774, August.] HISTORICAL NOTES, &c. 9j5 

merit, with the privilege of an open port, while the neighbouring one, in itself of much greater 
consequence, was shut. But the merchants and freeholders of the town, discovered a most noble 
spirit ; the day after the dissolution of the general court, [_June 18.] the merchants and freeholders 
of Salem presented an address to the governor, and in it expressed the most generous septimentSt 
They said, • We are most deeply afflicted with a sense of our publick calamities ; but the miseries 
that are now rapidly hastening on our brethren in the capital of this province, greatly excite our 
commiseration, and we hope your excellency will use your endeavours to prevent a further accu- 
mulation of evils on that already sorely distressed people.' — ' By shutting up the port of Boston, 
some imagine that the course of trade might be turned hither, and to our benefit ; but nature, in 
the formation of our harbour, forbids our becoming rivals in commerce with that convenient mart ; 
and were it otherwise, we must be dead to every idea of justice, and lost to all feelings of humani- 
ty, could we indulge one thought to seize on wealth, and raise our fortunes on the ruin of our suf- 
fering neighbours.' The governor was treated with the highest respect, and mention was made 
of their hoping much from his general character, as well as from his wisdom and mildness in ano- 
ther command. They expressed the strongest attachment to the mother country, the deepest 
concern for the present unhappy troubles, and the most fervent wishes for a speedy and happy 
reconciliation, to obtain which they were williDg to sacrifice every thing, compatible with the safety 
and dignity of British subjects.' 

" Marblehead, a sea-port, about three miles from Salem, and equally far with the last from 
Boston, but a town of no great trade, being engaged chiefly in the cod fishery, testified its regard 
and compassion for the capital, by letting the suffering merchants have the free use of its warve3 
and stores. Its inhabitants offered also to attend the lading and unlading of their goods, and 
transact for them all the business to be done at their port, without putting them to the smallest 
expense. 

"The pity and resentment of the country at large, were excited by observations published on 
the Boston port bill. Those of Josiah Quincy, Esq. were most generally read and admired. 
He observed — 'The Boston port bill condemns a whole town unheard, nay, uncited to answer; 
involves thousands in ruin and misery, without suggestion of any crime by them committed ; and 
is so constituted, that enormous pains and penalties must ensue, notwithstanding the most perfect 
obedience to its injunctions. The destruction of the tea, which took place without any illegal pro- 
cedure of the town,(l) is the only alledged ground of consigning thousands of its inhabitants to ruin, 
misery and despair. Those charged with the most aggravated crimes, are not punishable till ar- 
raigned before disinterested judges, heard in their own defence, and found guilty of the charge. 
But here a whole people are accused ; prosecuted by they know not whom ; tried they know not 
when ; proved guilty they know not how ; and sentenced to suffer inevitable ruin. Their hard fate 
cannot be averted by the most servile submission, the most implicit obedieucc to this statute. Their 
first intimation of it was on the tenth of May, and it took place the first oiJune, thence to continue 
in full force, till it shall sufficiently appear to his majesty, that full satisfaction hath been made by 
or in behalf of the inhabitants of Boston, to the East India company, for the damage sustained by 
the destruction of their tea ; and until it shall be certified to his majesty, by the governor or lieu- 
tenant governor of the province, that reasonable satisfaction has been made to the officers of the 
revenue and others, for the riots and insurrection mentioned in it. So short a space is given for 
staying the torrent of threatened evils, that the subject, though exerting his utmost energy, must 
be overwhelmed and driven to madness, by terms of deliverance which deny relief, till his ruin is 
inevitable .'(2) 

(1) The vote at Faneuil Hall was, that the " tea should not be landed, but be sent back,m the 
same bottoms;" ante 62. (2)7%e sudden shutting- up the port occasioned infinite distress ; " hith- 
erto, that toion had been the seat of commerce and of plenty. The immense business carried on 
therein, afforded a comfortable subsistence to many thousands. The necessary — the useful, and 
even some of the elegant arts, were cultivated among them. The citizens were polite and hospitable. 
In this happy state they -were sentenced, on the short notice of twenty one days, to a total depriva- 
tion ofallmeans of subsisting. The blow reached every person. The rents of the landholders, either 
ceased or were greatly diminished. The immense property in stores and. warves, was rendered 
comparatively useless. Labourers, artificers and others, employed in the numerous occupations 
created by an extensive trade, partook in the general calamity. They who depended on a regu- 
lar income, flowing from previous acquisitions of property, as well as they who, with the sweat oj 
their brow earned their daily subsistence, were equally deprived of the means of support ; and 
the chief difference between them was, that the distresses of the former were rendered more intol- 
erable by the recollection of past enjoyments. All these inconveniencies and hardships, were borne 
with a passive, but inflexible fortitude. Their determination to persist in the same line of con- 
duct, which had been the occasion of their suffering, was unabated!* 



96 [1774, August] HISTORICAL NOTES, &c. 

" Others said, ' Had punishment been only threatened, had it been in our option whether we 
Would submit or suffer, the reason for complaint would have been less. But without previous 
■warning, in the proposal of any terms that might have prevented the coming of evil upon us, it is 
inflicted with ineffable vengeance; so that should we servilely submit to all required, we must 
notwithstanding suffer almost total ruin. The conditions upon which alone our sufferings are to 
be removed, far from being fixed with precision, are so loose and indeterminate, that a governor 
may perpetuate them during his political existence, the king in council not being enabled to open 
the port without his certificate. The warves and landing places at Boston, which are the proper- 
ty of numerous individuals, are, as to the use of them, wherein only their value consists, wrested 
out of their hands and put into the king's, to be disposed of at his pleasure. Two warves indeed 
are to be open again, when his majesty shall think proper ; but the residue are for ever interdicted 
the exercise of commerce.' 

" The rough drafts of the bills, « for the better regulating of the government of Massachu- 
setts bay ;' and ' for the impartial administration of justice in it,' as well as of that ' for quartering 
4he troops in America,' upon their arrival at Boston, (1) were instantly circulated through the con- 
tinent, and filled up whatever was before wanting, of violence and indignation in most of the colo- 
nies. Even those who were moderate, or seemed wavering, now became resolute and resentful. 
Nothing was to be heard of but meetings and resolutions. Liberal contributions for the relief of the 
distressed Bostonians were every where recommended, and soon practised. Numberless letters 
were written from districts, towns, and provinces, to the people of Boston, in which, besides every 
expression of sympathy and tenderness, they were commended for their past conduct, and strong- 
ly exhorted to a perseverance in that virtue, which had brought on their sufferings. 

" It was in vain that the friends of government attended a town meeting, and attempted to pass 
resolutions for the payment of the tea, and for dissolving the committee of correspondence ; they 
found themselves lost in a prodigious majority, and had no other resource than drawing up a pro- 
test against the proceedings of that body. The Boston committee of correspondence, apprehended 
themselves so fixed in the good opinion of the publick, that they ventured to frame and publish an 
agreement, entitled, ' A solemn league and covenant j' '"(2) " wherein the subscribers bound them- 
selves in the most solemn manner, and in the presence of God, to suspend all commercial inter- 
course with Great Britain from the last day of the ensuing month of August, until the Boston 
port bill and the other late obnoxious laws, should b repealed. They also bound themselves in 
the same manner, not to consume, or purchase from any other, any goods whatever, which arri- 
ved after the specified time, and to break off all commerce, trade and dealings, with any who did, 
as well as with the importers of such goods. They renounced in the same manner, all intercourse 
and connexion with those, who should refuse to subscribe to that covenant, or to bind themselves 
by some similar agreement ; and they auuexed to the renunciation of intercourse, the dangerous 
penalty of publishing to the world, the names of those who should refuse this evidence of their at- 
tachment, to the rights and interests of their country. 

♦•General Gage published against this covenant a strong proclamation, (3)in which it was term- 
ed « an unlawful, hostile, and traitorous combination ; contrary to the allegiance due to the king, de- 
structive of the legal authority of parliament, and of the peace, good order, and safety of the 
community.' All persons were warned against incurring, the pains and penalties due to such 
dangerous offences ; and all magistrates charged to apprehend and secure for trial, such as should 
be in any manner guilty of them. But the time when the proclamations of governors were to be 
attended to had passed away, and the penalties in the power of the committee of correspondence 
were much more dreaded, than those which could be inflicted by the civil magistrate." (4) 

« Soon after general Gage's arrival, two regiments of foot, with a small detachment of the artil- 
lery, and some cannon, were landed at Boston, and encamped on the common. These troops 
were by degrees reinforced by the arrival of several regiments from Ireland, New York, Halifax, 
and at length from Quebec. The arrival and station of these troops, was far from being agreeable 
to the inhabitants ; nor was the jealousy in any degree less in the minds of their neighbours of the 
surrounding counties. The dissatisfaction was increased by placing a guard upon Boston Neck, 
the narrow isthmus which joins the peninsula to the continent ; for which measure the frequent 
desertion of the soldiers was the assigned reason. Individuals encouraged such desertion ; and the 
Boston committee contributed to the temptation, by making the situation of the soldiery as disa- 
greeable as they could, and by counteracting all endeavours to render it comfortable. They acted 

(1) About Aug; 1. (2) Gord. (3) June 29. (4) Marsh, 



[1774, Sep.] HISTORICAL NOTES, &c. 97 

systematically for the prevention of all supplies for the British troops. Through their connexion 
■with the neighbouring committees, the farmers and others Mere prevented from selling them, 
straw, timber, slit-work, boards, in short every article excepting provisions necessary for their 
subsistence. The straw which was purchased for their service was daily burnt. Vessels with brick 
intended for the army were sunk, and carts with wood overturned. Thus, by some contrivance 
or other, purchases were prevented, or when made, the king's property was destroyed in every 
manner in which it could be effected. 

[August 4.] " The governor, by a proclamation for the encouragement of piety and virtue, 
the prevention and punishment of vice, profaneness and immorality ; exasperated the minds of the 
people, owing to the insertion of ' hypocrisy' among the immoralities. They had been scoffed at 
and reproached by enemies, and those of looser manners, for a pharisaical attention to out- 
ward forms and the appearances of religion; and therefore viewed this insertion as an intended 
kisult. 

" With the new acts, the governor received a list of thirty-six new councillors, who, agreeable 
to the new regulations, had been appointed by the crown, contrary to the method prescribed by 
the charter. — About twenty -four of the gentlemen accepted, a sufficient number to attempt carry- 
ing on the business of government. But the courts of judicature at Boston were suspended, for 
the grand jurors refused to take the oaths, and to act under new judges and laws. The petit 
jurors declined serving, on account of Peter Oliver Esq. standing impeached by a late house of 
commons of the province, and the judges of the superior court being made to depend upon the 
crown. Not only so, but the great and petit juries through the colony, unanimously refused to 
act in any manner under the new regulations ; and the clerks of the court found it necessary to 
acknowledge their contrition in the publick papers, for issuing the warrants by which the juries 
were summoned, and not only to deciur© that they would not act so again, hut to apologize for 
■what they had done. At Great Barrington and some other places, the people assembled in large 
bodies, and filled the court-house and avenues in such a manner, that neither judge nor officer 
could obtain entrance ; and upon the sheriff's commanding them to make way for the court, thej 
answered, ' We know no court, nor any other establishment, independent of the ancient laws and 
usages of our country, and to none other will we submit, or give way upon any account'(l) 

[Aug . '24.] " At Salem, the merchants, freeholders and other inhabitants, were by hand-bills 
summoned to meet on Wednesday the twenty -fourth, to consider on measures for opposing the 
execution of divers late acts of parliament The day preceding the intended meeting, [Aug. 23.] 
the governor, who resided within a few miles of the place, published a proclamation prohibiting 
all persons from attending. The proclamation being disregarded, a company of soldiers were 
ordered into town to disperse the meeting ; but before they got to it, the business was finished, 
and the inhabitants withdrawn. 

" The proceedings of the people, and their manifest dispositions, alarmed the general, who 
thought it necessary for the safety of the troops, as well as to secure that important post of Boston, 
to fortify the entrance at the Neck, whioh afforded the only communication, except by water, be- 
tween the town and the continent. 

[Sep. I.] " The governor, to secure the provincial ammunition, sent two companies of soldiers 
across the river long before day-break, who possessed themselves of the powder in the arsenal at 
Charlestown. The news circulated apace, and in the morning the inhabitants of the neighbouring 
towns, to the amount of several thousands, assembled at Cambridge, (2) mostly in arms. They 
proceeded to the lieutenant governor Oliver's house, and to the houses of several of the new coun- 
cillors, and of others who they thought had shown themselves unfriendly to the province. Some of 
the councillors were obliged to resign, and to declare they would no more act under what were 
pronounced the arbitrary laws lately enacted — It was with difficulty that the multitude was re- 
strained from marching to Boston, there to demand a delivery of the powder, and, in case of re- 
fusal, to attack the troops. This collection of people, and the confusion necessarily attending their 
transactions, gave rise to a rumor, that the fleet and troops were firing upon the town of Boston, 
which flew with amazing rapidity through New-England ; and in less than 24 hours after, there 

(1) The new act for altering the government, went into operation Aug. 1 .- The councillors, 
judges, and executive officers, appointed under it by the king or governor, contrary to the char- 
ter, were denounced as enemies to their country ; many refused to accept the commissions, and 
those who did were intimidated and compelled to resign, or were tenable to execute their offices; 
The people conceived the act of parliament altering their charter, was a dissolution of govern? 
ment ; no assembly was ever held under it, nor was il submitted to in any way. 

(2) Three miles from Boston. 



98 [1774, Sep.] HISTORICAL NOTES, ke. 



•were between 30 and 40,000 men in arms, some of whom marched from 20 to SO miles toward 
Boston, before they were undeceived. This report, and the seizure of the powder, roused the in- 
habitants in the other colonies beyond New England, so that they immediately began learning the 
military exercise. The transaction at Cambridge produced such other risings in the colony, as 
obliged more of the new council to resign or to flee to Boston ; whither, by the close of the 
month, the commissioners, the custom-house officers, and all who had made themselves particu- 
larly obnoxious, by taking an active and decided part against the country, repaired for protection. 
Thus was the seat of government at Salem abandoned, and the apparatus of a custom-house re- 
moved to a place, which an act of parliament had proscribed from all trade. 

[Sep. 6.] "The seizing of the powder, and withholding from the legal proprietors what was 
lodged in the magazine of Boston, and the design carrying into execution of repairing and man- 
ning the fortifications at the entrance of the town, occasioned the holding an assembly of delegates 
from the several towns and districts in the county of Suffolk, of which Boston is the count}' town. 
After a most spirited preamble, they resolved, among other things, * That &c.(l) 

Thus, within 4 months after general Gage's arrival with the troops, and reception of the acts of 

parliament ; instead of submission, the whole continent was raised to concerted opposition ; and a 

Continental congress regularly chosen, appointed to meet the day preceding this, in Pmladelphia. 

" The events of this time may be transmitted toposterity, but the agitation of the publick mind 

can never be fully comprehended, but by those who were witnesses of it. 

"In the counties and towns of the several provinces, as well as in the cities, the people assembled 
and passed resolutions, expressive of their rights, and of their detestation of the late American 
acts of parliament. These had an instantaneous effect on the minds of thousands. Not only the 
young and impetuous, but the aged and temperate, joined in pronouncing them to be unconstitu- 
tional and oppressive. They viewed them as deadly weapons* aimed at the vitals of that liberty 
■which they adored ; as rendering abortive the generous pains taken by their forefathers, to procure 
for them in anew world, the quiet enjoyment of their rights. They were the subjects of their 
meditation when alone, and of their conversation when in company. 

" Within little more than a month, after the news of the Boston port bill reached America, it 
was communicated from state to state, and a flame was kindled in almost every breast, through 
the widely extended provinces. 

" In order to understand the mode, by which this flame was spread with such rapidity.over so 
great an extent of country; it is necessary to observe, that the several colonies were divided into 
counties, and these again subdivided into districts, distinguished by the names of towns, townships, 
precincts, hundreds or parishes. In New England, the subdivisions which are called towns were, 
by law, bodies corporate— had their regular meetings, and might be occasionally convened by their 
proper officers. The advantages derived from these meetings, by uniting the whole body of the 
people in the measures taken to oppose the stamp act, induced other provinces to follow the ex- 
ample. Accordingly, under the association which was formed to oppose the revenue act of 1767, 
committees were established, not only in the capitals of every province, but also in most of the 
subordinate districts. Great Britain, without designing it, had by her two preceding attempts at 
American revenue, taught her colonies not only the advantages, but the means of union. The 
system of committees, which prevailed in 17C5, and also in 1767; was revived in 1774. By them, 
there was a quick transmission of intelligence from the capital towns, through the subordinate dis- 
tricts to the whole body of the people, and an union of councils and measures was effected among 
widely disseminated inhabitants. 

" It is, perhaps, impossible for human wisdom to contrive any system, more subservient to these 
purposes, than such a reciprocal exchange of intelligence, by committees. From the want of 
such a communication with each other, and consequently of union among themselves, many states- 
have lost their liberties, and more have been unsuccessful in their attempts to regain them, after 
they have been lost. 

" What the eloquence and talents of Demosthenes could not effect among the states of Greece, 
might have been effected by the simple device of committees of correspondence. The few have 
been enabled to keep the many in subjection in every age, from the want of union among the 
latter. Several of the provinces of Spain complained of oppression under Charles the 5th, and in 
transports of rage took arms against him ; but they never consulted or communicated with each 
other. They resisted separately, and were therefore separately subdued. 

(1) See the account of this important transaction in the proceedings of congress ; post. 



[1774, Sep.] HISTORICAL NOTES, &c. 99 

"The colonists, sympathizing with their distressed brethren in Massachusetts, felt themselves 
called upon to do something for their relief; but to determine on what was proper to be done, 
did not so obviously occur. It was a natural idea, that for harmonizing their measures, a congress 
of deputies from each province should be convened. This early occured to all, and being agreed 
to by all, was the means of procuring union and concert among inhabitants, removed several hun- 
dred miles from each other. Iu times less animated, various questions about the place and legality 
of their meeting, and about the extent of their power, would have produced a great diversity of 
sentiments ; but on this occasion, by the special agency of providence, there was the same univer- 
sal bent of inclination in the great body of the people. A sense of common danger, extinguished 
selfish passions. The publick attention was fixed on the great cause of liberty. — Local attachments 
and partialities, were sacrificed on the altar of patriotism. 

" There were not wanting moderate men, who would have been willing to pay for the 
tea destroyed, if that would have put an end to the controversy; for it was not the value of the 
tea nor of the tax, but the indefeisible right of giving and granting their money, for which the col- 
onists contended. The act of parliament was so cautiously worded, as to prevent the opening of 
the port of Boston, even though the East India company had been reimbursed for all damages, 
' until it was made appear to his majesty in council, that peace and obedience to the laws were so 
far restored in the town of Boston, that the trade of Great Britain might be safely carried on there 
and his majesty's customs duly collected.' The latter part of this limitation, * the due collection 
of his majesty's customs,' was understood to comprehend submission to the late revenue laws. It 
•was therefore inferred, that payment for the tea destroyed would produce no certain relief, unless 
they were willing to give operation to the law, for raising a revenue on future importations of that 
commodity, and also to acquiesce in the late mutilation of their charter. As it was deliberately 
resolved never to submit to either, the most lukewarm of the well informed patriots, possessing 
the publick confidence, neither advised nor wished for the adoption of that measure. A few in 
Boston, who were known to be in the royal interest, proposed a resolution for that purpose, but 
they met with no support. Of the many who joined the British in the course of the war, there 
■was scarcely an individual to be found in this early stage of the controversy, who advocated the 
right of parliamentary taxation. There were doubtless many timid persons, who fearing the power 
of Britain, would rather have submitted to her encroachments, than risque the vengeance of her 
arms ; but such, for the most part, suppressed their sentiments . Zeal for liberty, being immedi- 
ately rewarded with applause, the patriots had every inducement to come forward, and to avow 
their principles ; but there was something so unpopular in appearing to be influenced by timidity, 
interest, or excessive caution, when essential interests were attacked ; that such persons shunned 
publick notice, and sought the shade of retirement. 

" In the three first months, which followed the shutting up of the port of Boston, the inhabi- 
tants of the colonies, in hundreds of small circles, as well as in their provincial assemblies and 
congresses, expressed their abhorrence of the late proceedings of the British parliament against 
Massachusetts — their concurrence in the proposed measure of appointing deputies for a general 
congress, and their willingness to do and suffer whatever should be judged conducive to the es- 
tablishment of their liberties. 

" A patriotick flame, created and diffused by the contagion of sympathy, was communicated 
to so many breasts, and reflected from such a variety of objects, as to become too intense to be 
resisted."(l) 

This account from 1763 to the fall of 1774, during all which period a constant struggle was 
maintained, is chiefly intended to present a brief and chronological view of those ministerial mea- 
sures, acts of {parliament, colonial transactions, and grievances, upon which the Jirst cosr chess 
(whose proceedings follow,) were convened to deliberate. 

My intention has been, simply to exhibit so much of ministerial policy and British legislation, 
with their consequences in America, as might render the proceedings and state papers of the 
first and second congress, and up to the time of declaring independence, more intelligible to gen- 
eral readers. 

This condensed view as far as it is conducted, and what follows presents, I fear, but an imper- 
fect sketch, of those interesting and important transactions and events, which transpired between 
1763 and 1776. 

(1) Ramsay. 



100 [1774, Sep.] HISTORICAL NOTES, &c. 

I persuade myself however, that to most of those who receive the " Law Register " (and par- 
ticularly to students of law) it will he a gratifying acquisition to have republished, however briefly, 
memorials which mark the progress of the colonies to their station in the rank of nations, and attest 
the unparalleled virtue, fortitude, and wisdom of their fathers, by whom this great achievement 
was accomplished. (2) 

It is material also in this place to mention, as of general application ; that the statement of 
what took place in particular places, such as Boston, New-York, Philadelphia, Richmond, or 
Charleston ; or in particular publick bodies, as in the assemblies of Masssachusetts, or Virginia; is 
not to be construed as derogating from the patriotism evinced, and conduct pursued, in other pla- 
ces, and publick bodies ; they are rather instances. It was necessary to abridge the account ; all 
my purpose is, to present an outline : The same feeling and spirit actuated the people of all the 
colonies: Examplesin each might have been quoted almost without limit; and of individuals and 
assemblies, no wise inferiour in force of intellect, just conceptions of civil liberty, aud unshaken 
resolutions, never to submit to unconstitutional power. 

I may here repeat, in respect to the ensuing, as well as in the preceding matter, that my own 
share in the composition of the historical notices, consists principally in the elucidation and connee- 
tion of dates, and successive events, by intermediate remarks and explanations : There was no 
small difficulty in this, and also in fixing on the most appropriate selections ; particularly those of- 
a popular cast, which I thought necessary, in order to give some idea of the momentum of publick 
feeling, and of that patriotism which inspired and impelled forward this mighty contest, until its 
conclusion. I have not attempted (and for which indeed, I am not qualified) to give attraction to 
these notices, by infusing into them the graces of language, or giving to them the novelty of original 
composition. 

On the contrary, I have most commonly been satisfied to state facts in the words of prior histo- 
rians, or as found inofficial records; and in doing this, have not confined myself altogether, to the 
more grave and weighty matters which occupied congress ; but in order to give some feeble idea 
of the spirit and enthusiasm of these times, have embodied in my compilement, many local and 
particular transactions, calculated to answer this purpose. 

My object is to acquaint the reader, not only with facts, but to present something of a moral 
portrait of the times ; and yet, however easy this might seem, few persons could well imagine 
how much difficulty, arising from selection and comparison of dates, with many necessary eluci- 
dations, occurred, in producing even this abridged essay, of what precedes and follows. 



The foregoing narrative, as will be perceived, brings me to the time of meeting and proceedings 
of the " first congress," which took place in consequence of, and soon after, all these violent 
acts of the British parliament, in the spring and summer of this year. 

The circumstances in which they were placed, called for equal energy and prudence ; and it 
will be perceived that they maintained without faltering, the constitutional rights of the American 
colonies; neither the penal bills which had been enacted, nor the hostile spirit of the British na- 
tion, nor the army, which had now increased to 8000 men, under generai Gage at Boston, occa- 
sioned the least dismay. 

America was at this moment unarmed, and unprepared : long habits, a strong feeling of loyalty, 
and many ties of interest and affection still existed, to render the chance of arms infinitely on the 
side of England. 

This congress however, resting on the immutable principles of reason and equity; and con- 
fiding in the virtue and courage of their country to sustain the conflict, did not hesitate ; they in- 
sisted on every right; demanded a full redress of grievances ; justified the conduct of their fellow 

(2) It has ahoays appeared to me, that a " Compend of the American Revolution" might to 
form an english " class-book," in the seminaries of learning in the United states : It could be 
read with understanding and even curiosity in the subject, by classes, with Ccesar, Sallust Ci- 
cero, and Virgil, as an english exercise, in academies .• and in colleges should be considered in- 
dispensable as a branch of historical education : It comprehends whatever is most interesting- 
in the review of past times, whether relating to great examples, of wise and virtuous statesmen ; 
to illustrious warriours, contending, and dying for their country; or to principles of civil govern- 
ment and the rights of man. The state papers alone, while they excite a deep interest in the sub- 
ject on which tlwy are employed, may justly be recommended as models of imitation in the " art of 
reasoning" and " English composition," 



[1774, Sep.] HISTORICAL NOTES, kc Ut 

citizens in resistance : adopted measures of retaliation and defence ; leaving to Great Britain the 
choice, of conquering a loyal people by her justice or her arms. 

Persisting in her no less baneful than frantiek policy, and confident in her strength, the last al- 
ternative was preferred, and she lost the 13 American colonies. 

The following entries appear in the journals, of the first day of the meeting of that celebra- 
ted assembly, usually styled "the first continental congress." (1) 

[Sep. 5, 1774.] A number of the delegates, chosen and appointed by the several colonies 
and provinces in North America, to meet and hold a CONGRESS at Philadelphia, assembled at 
the Carpenter's Hall. (2) 

PRESENT. 
From N. HAMPSHIRE. Major John Sullivan, Col. Nathaniel Fulsom, Esqs. 
«,r»t!(!»n«TTCwTTo C The Hon. Thomas dishing, John Adams, Samuel Adams, Robert 
MASSACHUSLliS. £ Tmtf Pame, Esqrs. 

RHODE-ISLAND. - The Hon. Stephen Hopkins, The Hon. Samuel Ward, Esqs. 

CONNECTICUT - 5^ ne "on. Ehphalet Dyer, The Hon. Roger Sherman, Silas Deane, 
£ Esqs. 

xtfw vnmr $ James Duane, Philip Livingston, John Jay, Isaac Low, Esqs. Col. 

jni^W " ' iWilliam Floyd, Messrs. * Henry Wisner," John Alsop, "S. Boerum. 

■vrcw tpdccv {James Kinsev, John Dehart, William Livingston, Stephen Crane* 

NEW-JERSEY.- - l Richard S mith,\L n s. 

{The Hon. Joseph Galloway, Charles Humphreys, Samuel Rhoads, 
John Morton, Thomas Mifflin, Edward Biddle, *John Dickinson, 
* George Ross, Esqs. 
DELAWARE. - - The Hon. Casar Rodney, Thomas M'Kean, George Read, Esqs. 
-».* s.T>\n »-vt» ^Robert Goldsborough, William Paca, Samuel Chase, "Matthew 

MAKYLAJNU. - - ^ T ilghman, "Thomas Johnson Jwi'r, Esqs. 

{The Hon. Peyton Randolph, Richard Bland, George Washington, 
Benjamin Harrison, Patrick Henry, Edmund Pendleton, "Richard 
Henry Lee, Esqs. 
N. CAROLINA. - - "William Hooper, "Joseph Hewes, "Richard Caswell, Esqs. 

r. n i -T./AT txt * { Henry Middleton, Christopher Gadsen, John Rutledge, Thomas 

S.CAROLINA-. - £ Lynchf Edward Pledge, Esqs. 

The Congress proceeded to the choice of a President, when the Hon. Peyton Randolph Esq. 
•was unanimously elected. 

Mr. Charles Thomson was unanimously chosen Secretary. 

The gentlemen from the several colonies produced their respective credentials, which were. 
read and approved, as follows : 

Province of NEW HAMPSHIRE. 

At a meeting of the deputies appointed by the several towns in this province, held at Exeter 
in the County of Rockingham, 21st July, 1774,., for the election of delegates, on behalf of this 
province, to join the general congress proposed.. Present 85 members. 
The Hon. John Wentworth, Esq. in the chair. 

Voted, That major John Sullivan, and colouel Nathaniel Fulsom, Esqrs. be appointed and em- 
powered, as delegates, on the part of this province, to attend and assist in the general congress of 
delegates from the other colonies, at such time and place, as may be appointed to devise, consult, 
and adopt such measures, as may have the most likely tendency to extricate the colonies from 
their present difficulties ; to secure and perpetuate their rights, liberties and privileges, and to re- 
store that peace, harmony, and mutual confidence, which once happily subsisted between the pa- 
rent country and her colonies. 

J. Wentworth, Chairman, 

(I) Having no aim in tliese "notes" to compose a regidar history, but rather to present doc- 
uments where I can, as evidence of facts ; no apology seems requisite for referring to the "jour- 
nals " by quotation. The matters selected, whether of more or less importance, are intended to 
show forth the character of a real patriot congress, labouring for their country in its greatest need 
and peril ; not for pay and popularity; but with hearts and minds absorbed in the vastness of 
the struggle before them, and in preparations for the encountsr. (2) The delegates marked 9 
tsek their seats aftervards. 

13 



102 [1774, Sep.! HISTORICAL NOTES, &c, 

Provi?ice of MASSACHUSETTS-BAY. 

In the House of Representatives, June 17, 1774. 
This House having duly considered, and being deeply affected with the unhappy differences, 
which have long subsisted and are increasing, between Great Britain and the American colonies, 
do Resolve : That a meeting of committees from the several colonies on this continent, is highly 
expedient and necessary, to consult upon the present state of the colonies, and the miseries to 
which they are and must be reduced by the operation of certain acts of parliament respecting 
America, and to deliberate and determine upon wise and proper measures to be by them recom- 
mended to all the colonies, for the recovery and establishment of their just rights and liberties, civil 
and religious, and the restoration of union and harmony between Great Britain and the colonies, 
most ardently desired by all good men. Therefore, Resolved, That tl>e Hon. James Boiodoine, 
the Hon. Thomas Cushing, Mr. Samuel Adams, John Adams, and Robert Treat Paine 
Esqrs. be, and they are hereby appointed a Committee on the part of this province, for the 
purposes aforesaid, any three of whom to be a quorum ; to meet such committees or delegates 
from the other colonies, as have been or may be appointed either by their respective houses of 
Burgesses, or representatives, or by convention, or by the committees of correspondence ap- 
pointed by the respective houses of assembly, in the city of Philadelphia, or any other place that 
shall be judged most suitable by the committee, on the 1st day of September next ; and that the 
speaker of the house be directed, in a letter to the speakers of the houses of Burgesses or repre- 
sentatives in the several colonies, to inform them of the substance of these resolves. 

Samuel Adams, Clerk. 

RHODE-ISLAND. 
By the Hon. Joseph Wanton, Esq. Governor, Captain-General, and commander in chief of and 
over the English colony of Rhode-Island, and Providence Plantations in Mew-England, 
in America. 

To the Hon. Stephen Hopkins Esq. and the Hon. Samuel Ward Esq. Greeting. 
Whereas the general assembly of the colony aforesaid, have nominated and appointed you the 
said Stephen Hopkins and Samuel Ward, to represent the people of tliis colony in a general 
congress of representatives from this and the other colonies, at such time and place as should be 
agreed upon by the major part of the committees appointed or to be appointed by the colonies in 
general ; I do therefore hereby authorize., impower, and comraissionate you the said Stephen 
Hopkins and Samuel Ward, to repair to the city of Philadelphia, it being the place agreed upon 
by the major part of the colonies, and there, in behalf of this colony, to meet and join with the 
commissioners or delegates from the other colonies, in consulting upon proper measures to obtain 
a repeal of the several acts of the British parliament for levying taxes upon his majesty's subjects 
in America, without their consent, and particularly an act lately passed for blocking up the port 
of Boston, and upon proper measures to establish the rights and liberties of the colonies upon a 
just and solid foundation, agreeable to the instructions given you by the General Assembly. 

[L. S.] Given under my hand, and the seal of the said colony, this 10th day of August, in the 
year of our Lord 1774, and the 14th of the reign of his most sacred majesty George the 
third, by the grace of God, king of Great Britain, &c. 

J. Wanton, 
By his Honour's command, Henry Ward, Sec. 

CONNECTICUT. 

In the house of representatives of the colony of Connecticut, June 3d, 1774. 

Whereas a congress of commissioners from the several Biitish colonies in America, is propo- 
sed by some of our neighbouring colonies, and thought necessary; and whereas it may be found ex- 
pedient that such congress should be convened before the next sessions of this assembly: 

Resolved by this house, That the committee of correspondence be, and they are hereby im- 
powered on application to them made, or from time to time, as may be found necessary; to ap- 
point a suitable number to attend such congress, or convention of commisssioners or committees, 
of the several colonies in British America, and the persons thus to be chosen shall be, and they 
are hereby directed in behalf of this colony, to attend such congress ; to consult and advise on pro- 
per measures for advancing the best good of the colonies, and such conferences, from time to time, 
to report to this house. 

A. true extract and copy from the journal of the House. 

William Wiilums, Clerk, 



[1774, Sep.] HISTORICAL NOTES, &c. 10S 

Colony o/CONNECTICUT, ss. 

New-London July \Zth, 1774. 

At a meeting of the committee of correspondence for this colony. 

The Hon. Ebenezer Silliman, Esq. in the chair. 

The Hon. Eliphalet Dyer, the Hon, William Samuel Johnston, Erastus Wolcott, Silas 
Deane, and Richard Law, Esqrs. were nominated, pursuant to the act of the Hon. House of 
Representatives of the said colony, at their sessions in Jllay last, either three of which are hereby 
authorized and empowered, in behalf of this colony, to attend the general congress of the colo- 
nies proposed to be held at Philadelphia on the first day of September next, or at such other 
time and place as shall be agreed on by the colonies, to consult and advise with the commissioners 
or committees of the several English colonies in America, on proper measures for advancing the 
best good of the colonies. 

Signed, Ebenezer Silliman, William Williams, Benjamin Payne, Erastus Wolcott, Joseph 
Trumbidl, Samuel H. Parsons, Nathaniel Wales Jun. Silas Deane. 

Hartford, August 1774. 

At a meeting of the committee of correspondence for this colony, Erastus Wolcott, Chairman. 

The Hon William Samuel Johnston, Erastus Wolcott, awl Richard Law, Esqrs, nominated 
by this committee at New-London, on the 13th of July last, as persons proper to attend the gen- 
eral congress, to be held at Philadelphia, on the first of September next, as by said appoint- 
ment, being unable by reason of previous engagements and the state of their health, to attend said 
eongress on behalf of this colony; the Hon. Roger Sherman, and Joseph Trumbidl, Esqrs. were 
nominated in the place of the aforesaid gentlemen, as persons proper to attend said congress, in 
behalf of this colony, either of which are empowered, with the Hon. Eliphalet Dyer, and Silas 
Deane, Esqrs. for that purpose. 

Signed, William Williams, Benjamin Payne, Joseph Trumbull, Nathaniel Wales Jun. Sam- 
uel H. Parsons, Samuel Bishop. 

NEW-YORK. 

By duly certified polls, taken by proper persons in seven wards, it appears that James Duane, 
John Jay, Philip Livingston, Isaac Lota, and John Alsop, Esqrs. were elected as delegates for 
the city and county of New York, to attend the congress at Philadelphia, the first day of Sep- 
tember next ; and at a meeting of the committees of several districts in the county of West-Ches- 
ter, the same gentlemen were appointed to represent that county; also by a letter from Jacob 
Lansing Jun. Chairman, in behalf of the committee for Albany, it appears that that city and 
county had adopted the same for their delegates. By another letter it appears, that the commit- 
tee from the several districts in the county of DucJiess, had likewise adopted the same as delegates 
to represent that county in congress, and that committees of other towns approve of them as 
their delegates. 

By a writing duly attested it appears, that the county of Suffolk, in the colony of New Tork t 
have appointed colonel William Floyd, to represent them in congress. 

NEW-JERSEY. 

► To James Mnsey, William Livingston, John Dehart, Stephen Crane, and Richard Smith, 
Esqrs. each and every of you. 
The committees appointed, by the several counties of the colony of New-Jersey, to nominate 
deputies, to represent the same in general congress of deputies from the other colonies in Amer- 
ica , convened at the city of New Brunswick, have nominated and appointed, and do hereby 
nominate and appoint you, and each of you, deputies, to represent the colony of New-Jersey, in 
the said general congress. In testimony whereof, the chairman of the said several committees here 
met, have hereunto set their hands, this twenty-third day of July, in the fourteenth year of the 
reign of our sovereign lord king George the third, and in the year of our Lord, 1774. 

Signed, William P. Smith, Jacob Ford, John Moores, Robert Johnson, Robert Field, Rob- 
ert FriendPrice, Peter Zabriskie, Samuel Tucker, Edward Taylor, Hendrick Fisher, Arch- 
ibald Stewart, Thomas Anderson, Abia Brown, Mark Thompson. 

PENNSYLVANIA. 

Extract from votes of Assemhly, Friday, July 22, 1774. A. M. 
The committee of the whole House taking into their most serious consideration, the unfortunate 



104 [1774, Sep.] HISTORICAL NOTES, &c. 

differences which have long subsisted between Great Britain and the American colonies, and bs- 
iag greatly increased by the operation and effects of divers late acts of the British parliament. 

Resolved N. C. D. That there is an absolute necessity, that a congress of deputies from the 
several colonies, be held as soon as conveniently may be, to consult together upon the present 
unhappy state of the colonies, and to form and adopt a plan for the purposes of obtaining redress 
of American grievances, ascertaining American rights upon the most 6olid and constitutional prin- 
ciples, and for establishing that union and harmony between Great Britain and the colonies, 
which is indispensibly necessary to the welfare and happiness of both. 

Eodem die, P. M. The house resumed the consideration of the resolve from the committee 
of the whole house, and, after some debate thereon, adopting and confirming the same, 

Resolthd N. C. D. That the Hon. Joseph Galloway, Speaker; Samuel Rhoads, Thomas 
Mifflin, Charles Humphreys, John Morton, George Ross, and Edward Biddle, Esqrs. be, and 
they are hereby appointed, a committee on the part of this province, for the purposes aforesaid, 
and that they or any four of them, do meet such committees or delegates from the other colonies, 
as have been or may be appointed, either by their respective Houses of representatives, or by 
convention, or by the provincial or colony committees, at such time and place, as shall be gener- 
ally agreed on by such committees : [Note. John Dickinson, Esq. was afterwards added as a 
deputy: see p. 31. Journ.~\ 

The three counties, New-Castxe, Kent, and Sussex on DELAWARE. August 1, 1774. 

The representatives of the freemen of the government of the counties of Nero- Castle, Kent, 
and Sussex on Delaware, met at JYew- Castle, in pursuance of circular letters from the speaker 
Of the house, who was requested to write and forward the same to the members of assembly, by 
the committees of correspondence for the several counties aforesaid, chosen and appointed for 
that among other purposes, by the freeholders and freemen of the said counties respectively: and 
having chosen a chairman, and read the resolves of the three respective counties, and sundry let- 
ters from the committees of correspondence along the continent, they unanimously entered into 
the following resolution, viz. 

We the representatives aforesaid, by virtue of the power delegated to us, aforesaid, taking into 
our most serious consideration the several acts of the British parliament, for restraining manu- 
factures in his majesty's colonies and plantations in JYorth America,— for taking away the pro- 
perty of the colonists without their participation or consent, — for the introduction of the arbitrary 
powers of excise in the customs here,— for making all revenue causes triable without Jury, and 
under the decision of a single dependent judge, — for the trial, in England, of persons accused of 
capital crimes, committed in the colonies, — for the shutting up the port of Bosto?i, — for new mod- 
elling the government of the Mass&chusetts-Bay, and the operation of the same on the property, 
liberty, and lives of the colonists ; and also considering, that the most eligible mode of determining 
upon the premises, and of endeavouring to procure relief and redress of our grievances, would 
have been by us assembled in a legislative capacity, but that as the house had adjourned to the 
30th day of September next, and it is not to be expected, that his honour the governor would call 
us, by writs of summons, on this occasion, having refused to do the like in his other province of 
Pennsylvania ; the next most proper method, of answering the expectations and desires of our 
constituents, and of contributing our aid to the general cause of America, is to appoint commission- 
ers or deputies in behalf of the people of this government, to meet and act with those appointed 
by the other provinces, in general congress; and we do, therefore, unanimously nominate aud 
appoint Ccesar Rodney, Thomas M'Kean, and George Read, Esqrs. or any two of them, dep- 
uties, on the part and behalf of this government, in a general continental congress, proposed to be 
held at the city of Philadelphia, on the first monday in September next, or at any other time or 
place that may be generally agreed on, then and there to consult and advise with the deputies 
from the other colonies, and to determine upon all such prudent and lawful measures, as may 
be judged most expedient for the colonies immediately and unitedly to adopt, in order to obtain 
relief for an oppressed people, and the redress of our general grievances. 

Signed by order of the Convention, 

C»SAR Rodney, Chairman. 

MARYLAND. 

At a meeting of the committees appointed by the several counties of the province of Maryland, 



[1774, Sep.] HISTORICAL NOTES, &c. 10 . 

at the city of Annapolis, the 22d day of June, 1774. and continued by adjournment from day to 
day, till the 25th of the same month. 

Matthew Tilghman Esq. in the chair. John Ducket, Clerk. 
Resolved, That Matthew Tilghman, Thomas Johnson Awn. Robert Goldsborough, William 
Paca, and Samuel Chase, Esqrs. or any two or more of them, be deputies for this province, 
to attend a general congress of deputies from the colonies, at such time and place as may be 
agreed on; to effect one general plan of conduct, operating on the commercial connection of the 
colonies, with the mother country, for the relief of Boston and preservation of American liberty. 

VIRGINIA. 

[August I] At a general meeting of delegates from the different counties in this colon)', con- 
vened in the city of Williamsburgh, to take under their consideration the present critical and 
alarming situation of the continent of North America. Hon. Peyton Randolph, Esq. in the chair. 

It was unanimously Resolved. That it is the opinion of this meeting, that it will be highly con- 
ducive to the security and happiness of the British Empire, that a general congress of deputies 
from all the colonies assemble, as soon as the nature of their situations will admit, to consider of 
the most proper and effectual manner of so operating on the commercial connection of the colo- 
nies with the mother country, as to procure redress for the much injured province of Massa- 
chusetts Bay, to secure British America from the ravage and ruin of arbitrary taxes, and speed- 
ily to procure the return of that harmony and union so beneficial to the whole empire, and so ar- 
dently desired by all British America. 

[August, 5.] The meeting proceeded to the choice of delegates, to represent this colony, in 
general congress, when the honourable Peyton Randolph, Richard Henry Lee, George Wash- 
ington, Patrick Henry, Richard Bland, Benjamin Harrison, and Edmund Pendleton, Esqrs. 
were appointed for that purpose. 

NORTH-CAROLINA . 

At a general meeting of the deputies of the inhabitants of this province, JVewbem, the 25tL 
day of August, 1774,. 

Resolved, That we approve of the proposal of a general congress, to beheld in the city of 
Philadelphia, on the twentieth (1) day of September next, then and there to deliberate upon the 
present state of British America, and to take such measures as they may deem prudent, to effect 
the purpose of describing with certainty the rights of Americans, repairing the breach made in 
those rights, and for guarding them for the future from any such violations done under the sanc- 
tion of publick authority. 

Resolveh, That William Hooper, Joseph Hewes, and Richard Caswell, Esqrs. and every of 
them, be deputies to attend such congress, and they are hereby invested with such powers, as may 
make any acts done by tkem or consent given in behalf of this province, obligatory in honour upon 
every inhabitant hereof, who is not an alien to his country's good, and an apostate to the liberties 
of America . Signed, 

John Hebvev, Moderator. 

Attested, Andrew Knox, Clerk, 

SOUTH-CAROLINA. 

In the Commons House of Assembly, Tuesday, the 2d day of August, 177 '4. 
Colonel Powell acquainted the house, that during the recess of this house, viz. on the sixth, se- 
venth, and eighth days of July last, at a general meeting of the inhabitants of this colony, they 
having under consideration the acts of parliament lately passed with regard to the port of Boston. 
and colony of Massachusetts Bay, as well as other American grievances, had nominated and 
appointed the Honourable Henry Middleton, John Rutledge, Thomas Lynch, Chrisioplier Gads- 
den, and Edward Rutledge, Esqrs. deputies on the part and behalf of this colony, to meet the 
deputies of the other colonies of North America in general congress, the first Monday in Sep- 
tember next at Philadelphia, or at any other time and place that may be generally agreed on, 
there to consider the acts lately passed, and bills depending in parliament with regard to the port 
of Boston and colony of Massachusetts Bay ; which acts and hills in precedent and conse- 
quences affect the whole continent of America — also the grievances under which America labours, 

(1) Mistake. 



106 11774, Sep.] HISTORICAL NOTES, &c. 

by reason of the several acts of parliament that impose taxes or duties for raising a revenue, and 
lay unnecessary restraints and burdens on trade. — and of the statutes, parliamentary acts, and royal 
instructions, which make an invidious distinction between his majesty's subjects in Great Britain 
aud America, with full power and authority to concert, agree to, and effectually prosecute such 
legal measures, as in the opinion of the said deputies, and of the deputies so to be assembled, shall 
be most likely to obtain a repeal of the said acts, and a redress of those grievances : And there- 
upon moved that this House do resolve to recognize, ratify, and confirm the said appointment of 
the deputies for the purposes aforesaid. 

Resolved, N. C. D. That this House do recognize, ratify, and confirm the appointment of 
the said deputies for the purposes mentioned in the said motion. L 

Attested, Thomas Fabr, Jun. Clerk. 



The Credentials of the first congress are published at large, as furnishing evidence of the common 
feeling, and a proper idea, of the nature and terms of these commissions, and of the authorities 
from whence they emanated. It will be unnesessary hereafter to give these entire. New appoint- 
ments were made on vacancies, or expiration of preceding ones : scarcely ever in the same form, 
but conferring unlimited powers, and often with preambles conceived in the strongest terms of in- 
dignation, against the measures of parliament ; but uniformly breathing professions of loyalty and 
most ardent wishes for reconciliation. 



[Sep. 6.3 Congress came to the following resolves. 
Resolved, That in determining questions in this congress, each colony or province shall have 

one vote. — The congress not being possessed of, or at present able to procure proper 

materials for ascertaining tbe importance of each colony. 
Resolved, That no person shall speak more than twice on the same point, without leave of the 

congress. 
Resolved, That no question shall be determined the day on which it is agitated and debated, 

if anyone of the colonies desire the determination to be postponed to another day. 
Resolved, That the door be kept shut during the time of business, and that the members con- 
sider themselves under the strongest obligations of honour, to keep the proceedings 

secret, until the majority shall direct them to be made publick. 
Resolved, That a committee be appointed to state the rights of the colonies in general, the 

several instances in isJdch those rights are violated or infringed, and the means most 

proper to be pursued for obtaining a restoration of them. 
Ordered, That the appointment of the committee, and the number of which it shall consist, 

be deferred until tomorrow. 
Resolved, That a committee be appointed to examine and report the several statutes, which 

affect the trade and manufactures of the colonies. 
Same order as above, respecting the appointment and number of this committee. 
Resolved, That the Reverend Mr. Duche' be desired to open the congress to-morrow morning 

with prayers, at the Carpenter's Hall, at nine o'Clock. 

[Sep. 7.] The first committee, appointed to " state the ri&hts of the colonies in general; the 
instances in which those rights are violated ; and the means most proper to be pursued for obtain* 
ing a restitution of them," was agreed to consist of 2 from each colony, and were from, 



New Hampshire, 
Massachusetts Bay, 
Rhode Island, 
New York, 
New Jersey, 
Pennsylvania, 
Delaware, 
•Maryland, 
Virginia, 
(I) North Carolina, 
South Carolina, 



Mr. Sullivan, 
Mr. S. Adams, 
Mr. Hopkins, 
Mr. Duane, 
Mr. Livingston, 
Mr. Galloway, 
Mr. Rodney, 
Mr. Johnson, 
Mr. Lee, 
Mr. Hooper, 
Mr. Lynch, 

(1) Afterwards added. 



Mr. Fulsom. 
Mr. J. Adams. 
Mr. Ward. 
Mr. Jay. 
Mr. Dehart 
Mr. Biddle. 
Mr. M'Kean. 
Mr. Goldsborough. 
Mr. Pendleton. 
Mr. Hewes. 
Mr. Rutledge. 



[1774, Sep.] HISTORICAL NOTES, &c. 107 

The second committee, "to examine and report the several statutes, which affect the trade 
and manufactures of the colonies," — one from each, were, 

JVew Hampshire, Mr. Sullivan. Pennsylvania, Mr. Alifflin. 

Massachusetts, Mr. Cushing. Deluioare, Mr. Read. 

Ithode Island, Mr. Hopkins. Maryland, Mr. Chase. 

Connecticut, Mr. Deane. Virginia, Mr. Henry. 

JVew York, Mr. Low. (1) North Carolina, Mr. Hooper. 

JV'ew Jersey, Mr. Kinsey. &o«*/i Carolina, Mr. Gadsen. 

This second committee, "on the Statutes &c." made their report, Sep. 20, which was referred 
to the first committee, on the " Rights violated, and means of restoration ;" so that the whole 
subject went to the first committee, to which was afterwards added, — " Mr. Cushing, Mr. Henry, 
Mr. Mifflin." 

It may be recollected, that in the preceding notes, the deduction of events had been brought 
down to Sep. 6. of diis year, (2) at which time gen. Gage occupied Boston, and was fortifying the 
fleck which connects it with the main land, and manifesting other intentions for a military enforce- 
ment of the late acts of parliament, at that place. 

The existing state of the country, and these hostile demonstrations of the governor, produced 
the Suffolk county meeting and resolutions, Sep. 6. and their address to governor Gage, Sep. 9. 

These proceedings, indicate no common character ; they mark the undismayed spirit of the 
people of Massachusetts, and especially of Boston, in the hour of their deepest distress and peril : 
every private interest is forgotten, and every other feeling, but that of indignation for their coun- 
try's wrongs, extinguished. 

Those resolutions hurl back defianee in the face of parliament, the royal civil authorities of 
the province, and the military and naval forces under general Gage ; — They assert that the mea- 
sures they then adopt and recommend, are merely " defensive," but intimate, that a continuance, 
or addition to existing wrongs, will justify retaliation, and a resort to those means by which alone, 
freemen emancipate themselves from oppression ; " the expulsion of their tyrants by arms." 

The introduction of these proceedings at the first meeting of congress, and their reception, 
tended to fix the character, and mark the spirit and feelings which actuated diis assembly. 

It will be seen, that they stood not balancing for an hour, on the scope and bearing of the Suffolk 
resolves ; but with a spirit as undaunted as generous, the moment the reading is finished, bestow 
on the whole their decided approbation ; thus cheering the hearts and strengthening the hands 
of their suffering fellow countrymen in Massachusetts ; affording also an earnest to Great Britain, 
and their own constituents, that the rights of America would not be abandoned by " an American 
congress :" 

There can be no doubt that those noble spirited proceedings at Boston, in this critical moment, 
and the equally firm and magnanimous conduct of congress in sustaining them, gave a most deci- 
ded turn at that time to publick opinion, and infused eveiy where, not only a spirit of indignant 
feeling against Great Britain, but of resolution to resist at all hazards, the coercive execution of 
her oppressive measures. 

[Sep. 17.] The resolutions entered into by the delegates from the several towns and districts in 
the county of Suffolk, in the province of the Massachusetts Bay, on Tuesday the 6th of Septem- 
ber, and their address to his excellency governor Gage, dated the 9th, were laid before the con- 
gress, and are as follows : — 

At a meeting of the delegates of every town and district in the county of Suffolk, on Tuesday, 
the 6th of September, at the house of Mr. Richard Woodward, of Dedham, and by adjournment 

at the house of Mr. Vose of Milton on Friday the 9th instant, Joseph Palmer Esq. being 

chosen moderator, and William Thompson Esq. clerk, a committee was chosen to bring in a report 
to the convention, and the following being several times read, and put paragraph by paragraph, 
was unanimously voted, viz. 

Whereas the power, but not the justice ; the vengeance, but not the wisdom of Great Britain ; 
which of old persecuted, scourged, and exiled our fugitive parents from their native shores ; now 
pursues us their guiltless children with unrelenting severity : And whereas this, then savage and 

(1) Jfter&ards added. (2) Tlie day after Congress met, See p. W ante. 



108 [177-4, Sep.] HISTORICAL NOTES, &c. 



uncultivated desert, was purchased by the toil and treasure, or acquired by the blood and valour oi 
those our venerable progenitors ; to us they bequeathed the dear bought inheritance, to our care 
and protection they consigned it, and the most sacred obligations are upon us to transmit the glori- 
ous purchase, unfettered by power, unclogged with shackles, to our innocent and beloved offspring. 
On the fortitude, on the wisdom, and on the exertions of this important day, is suspended the fate 
of this new world, and of unborn millions. If a boundless extent of continent, swarming with mil- 
lions, will tamely submit to live, move and have their being, at the arbitrary will of a licentious 
minister, they basely yield to voluntary slavery, and future generations shall load their memories 
with incessant execrations. — On the other hand, if we arrest the hand which would ransack our 
pockets, if we disarm the paracide which points the dagger to our bosoms, if we nobly defeat that 
fatal edict which proclaims a power to frame laws for us in all cases whatsoever, thereby entailing 
the endless and numberless curses of slavery upon us, our heirs and their heirs forever; if we 
successfully resist that unparalleled usurpation of unconstitutional power, whereby our capital is I 
robbed of the means of life ; whereby the streets oi Boston are thronged with military execution- 
ers ; whereby our coasts are lined, and harbours crouded with ships of war ; Whereby the charter 
of the colony, that sacred barrier against the encroachments of tyranny, is mutilated, and in effect 
annihilated ; whereby a murderous law is framed to shelter villains from the hands of justice; 
whereby the unalienable and inestimable inheritance, which we derived from nature, the consti- 
tution of Britain, and the privileges warranted to us in the charter of the province ; is totally 
wrecked, annulled, and vacated ; posterity will acknowledge that virtue which preserved them free 
and happy ; and while we enjoy the rewards and blessings of the faithful, the torrent of panegy- 
rick will roll our reputations to that latest period, when the streams of time shall be absorbed in 
the abyss of eternity. Therefore we have resolved, and do Resolve, 

1. That whereas his majesty George ill. is the rightful successor to the throne of Great 
Britain, and justly entitled to the allegiance of the British realm, and agreeable to compact, of 
the English colonies in Jbnerica — therefore, we the heirs and successors of the first planters of 
this colony, do cheerfully acknowledge the said George III. to be our rightful sovereign, and that 
said covenant is the tenure and claim, on which are founded our allegiance and submission. 

2. That it is an indispensible duty which we owe to God, our country, ourselves and posterity ; 
by all lawful ways and means iu our power to maintain, defend and preserve, those civil and reli- 
gious rights and liberties, for which many of our fathers fought, bled and died, and to hand them 
down entire to future generations. 

S. That the late acts of the British parliament for blocking up the harbour of Boston, for 
altering the established form of government in this colony, and for screening the most flagitious 
violators of the laws of the province from a legal trial, are gross infractions of those rights to which 
we are justly entitled by the laws of nature, the British constitution, and the charter of the 
province. 

4 That no obedience is due from this province, to either or any part of the acts above mention- 
ed, but that they be rejected as the attempts of a wicked administration to enslave America. 

5. That so long as the justices of our superiour court of judicature, court of assize, &c. and 
inferior court of common pleas in this county are appointed, or hold their places, by any other 
tenure than that which the charter and the laws of the province direct, they must be considered 
as under undue influence, and are therefore unconstitutional officers, and as such no regard ought 
to be paid to them by the people of this county. 

6. That if the justices of the superior court of judicature, assize, &c. justices of the court of 
common pleas, or of the general sessions of the peace, shall sit and act during their present 
disqualified state ; this county will support and bear harmless all sheriffs and their deputies, con- 
stables, jurors and other officers, who shall refuse to carry into execution the orders of said courts ; 
and as far as possible to prevent the many inconveniences which must be occasioned by a suspen- 
sion of the courts of justice, we do most earnestly recommend it to all creditors, that they show all 
reasonable and even generous forbearance to their debtors; and to all debtors, to pay their just 
debts with all possible speed ; and if any disputes relative to debts or trespasses shall arise, 
which cannot he settled by the parties, we recommend it to them, to submit all such causes to 
arbitration ; and it is our opinion that the contending parties or either of them, who shall refuse so 
to do, ought to be considered as co-operating with the enemies of this country. 

7. That it be recommended to the collectors of taxes, constables and all other officers, who 
have publick monies in their hands, to retain the same, and not to make any payment thereof to 






[177-4, Sep.] HISTORICAL NOTES, ke. 109 

the provincial county treasurer until the civil government of the province is placed upon a con- 
stitutional foundation, or until it shall otherwise be ordered by the proposed provincial congress. 

8. That the persons who have accepted seats at the council board, by virtue of a maiidamug 
from the king, in conformity to the late act of the British parliament, entitled * an act for the 
regulating the government of the Massachusetts Bay' have acted in direct violation of the duty 
they owe to their country, and have thereby given great and just offence to this people ; there- 
fore resolved, that this county do recommend it to all persons, who have so highly offended by 
accepting said departments, and have not already publickly resigned their seats at the council 
board, to make publick resignations of their places at said board, on or before the 20th day of this 

■ instant September ; and that all persons refusing so to do shall, from and after said day, be consi- 

i, ed by this country as obstinate and incorrigible enemies to this country. 
k 9. That the fortifications begun and now carrying on upon Boston neck, are justly alarming to 

» this country, and gives us reason to apprehend some hostile intention against that town, more es- 
pecially as the commander in chief has in a very extraordinary manner removed the powder 
from the magazine at Charlestoivn, and has also forbidden the keeper of the magazine at Boston, 
to deliver out to the owners the powder, which they had lodged in said magazine. 

10. That the late act of parliament, for establisliing the ltoman catholick religion and the French 
laws, in that extensive country now called Quebec, is dangerous in an extreme degree to the 
protestant religion, and to the civil rights and liberties of all America ; and therefore, as men and 
protestant christians, we are indispensably obliged to take all proper measures for our security. 

11. That whereas our enemies have flattered themselves, that they shall make an easy prey of 
this numerous, brave and hardy people, from an apprehension that they are unacquainted with 
military discipline; we therefore, for the honour, defence and security of this county and province, 
advise, as it has been recommended to take away all commissions from the officers of the militia, 
that those who now hold commissions, or such other persons, be elected in each town as officers in. 
the militia, as shall be judged of sufficient capacity for that purpose, and who have evinced them- 
selves the inflexible friends to the rights of the people ; and that the inhabitants of those towns and 
districts, who are qualified, do use their utmost diligence to acquaint themselves with the art of 
war as soon as possible, and do for that purpose appear under arms, at least once every week. 

12. That during the present hostile appearances on the part of Great Britain, notwithstanding 
the many insults and oppressions which we most sensibly resent, yet nevertheless, from our affec- 
tion to his majesty, which we have at all times evinced, we are determined to aet merely upon 
the defensive, so long as such conduct may be vindicated by reason and the principles of self-pre- 
servation, but no longer. 

1 3. That as we understand it has been in contemplation, to apprehend sundry persons of thij 
county, who have rendered themselves conspicuous in contending for the violated rights and liber- 
ties of their countrymen ; we do recommend, should such an audacious measure be put in prac- 
tice, to seize aud keep in safe custody, every servant of the present tyrannical and unconstitu- 
tional government, throughout the county and province, until the persons so apprehended be libe- 
rated from the hands of our adversaries, and restored safe and uninjured to their respective 
friends and families. 

14. That until our rights are fully restored to us, we will, to the utmost of our power, and we 
recommend the same to the other counties, to withhold all commercial intercourse with Great 
Britain, Ireland, and the West Indies, and abstain from the consumption of British merchan- 
dize and manufactures, and especially of East India teas and piece goods, with such additions, 
alterations, and exceptions only, as the general congress of the colonies may agree to. 

15. That under our present circumstances, it is incumbent on us to encourage arts and manu- 
factures among us by all means in our power, and that 

be and are hereby appointed a committee to consider of the best ways and means to promote and 
establish the same, and to report to this convention as soon as may be. 

16. That the exigencies of our publick affairs demand, that a provincial congress be called to 
consult such measures as may be adopted, and vigorously executed by the whole people ; and we do 
recommend itto the several towns in this county, to choose members for such a provincial congress, 
to be holden at Concord, on the second Tuesday of October, next ensuing. 

17. That this county, confiding in the wisdom and integrity of the continental congress, now 
sitting at Philadelphia, pay all due respect and submission to such measures as may be recom- 
jaended by them to the colonies, for the restoration and establishment of their just rights, civil 

14 



110 [If 74, Sep.] HISTORICAL NOTES, &e. 

and religious, and for renewing that harmony and union between Great Britain and the colonies 
so earnestly wished for by all good men. 

18. That whereas the universal uneasiness which prevails among all orders of men, arising from 
the wicked and oppressive measures of the present administration, may influence some unthink- 
ing persons to commit outrage upon private property j we would heartily recommend to all per- 
sons of this community, not to engage in any routs, riots, or licentious attacks upon the properties 
of any person whatsoever, as being subversive of all order and government ; but by a steady, 
manly, uniform, and persevering opposition, to convince our enemies, that in a contest so im- 
portant, in a cause so solemn, our conduct shall be such as to merit the approbation of the wise, 
and the admiration of the brave and free of every age and of every country. 

19. That should our enemies, by any sudden manoeuvres, render it necessary to ask the aid 
and assistance of our brethren in the country, some one of the committee of correspondence, or 
a select man of such town, or the town adjoining, where such hostilities shall commence, or sha 
be expected to commence, shall dispatch couriers with written messages to the select men, or 
committees of correspondence, of the several towns in the vicinity, with a written account of 
such matter, who shall dispatch others to committees more remote, until proper and sufficient 
assistance be obtained, and that the expense of said couriers, be defrayed by the county, until it 
shall be otherwise ordered by the provincial congress. 

At a meeting of delegates from the several towns and districts in the county of Suffolk held at 
Milton, on Friday, the 9th day of September, 1774. — Voted, 

That Dr. Joseph Warren, of Boston, &c. be a committee to wait on his excellency the gover- 
nor, to inform him, that this county are alarmed at the fortifications making on Boston neck, and 
to remonstrate against the same, and the repeated insults offered by the soldiery, to persons pas- 
sing and repassing iato that town, and to confer with him upon those subjects. 

Attest, WILLIAM THOMPSON, Clerk. 

*' To his excellency THOMAS GAGE, Esquire, captain-general, and commander in chief of 
his majesty's province of Massachusetts Bay. 
May it please your Excellency, 
The county of Suffolk being greatly, and in their opinion justly, alarmed at the formidable 
appearances of hostility, now threatening his majesty's good subjects of this county, and more par- 
ticularly of the town of Boston, the loyal and faithful capital of this province, beg leave to address 
your excellency, and represent, that the apprehensions of the people, are more particularly in- 
creased by the dangerous design now carrying into execution, of repairing and manning the forti- 
fication at the south entrance of the town of Boston, which when completed, may at any time be 
improved to aggravate the miseries of that already impoverished and distressed city, by intercept- 
ing the wonted and necessary intercourse between the town and country, and compel the wretch- 
ed inhabitants to the most ignominious state of humiliation and vassalage, by depriving them of the 
necessary supplies of provisions, for which they are chiefly dependant on that communication : 
We have been informed, that your excellency in consequence of the application of the select men of 
Boston, has indeed disavowed any intention to injure the town in your present manoeuvres, and 
expressed your purpose to be for the security of the troops and his majesty's subjects in the town, 
we are therefore at a loss to guess, may it please your excellency, from whence your want of 
confidence in the loyal and orderly people of this vicinity could originate ; a measure so formidable 
carried into execution, from a pre-conceived though causeless jealousy, of the insecurity of his 
majesty's troops and subjects in the town, deeply wounds the loyalty, and is an additional injury 
to the faithful subjects ot this county, and affords them a strong motive for this application : We 
therefore intreat your excellency to desist from your design, assuring your excellency, that the 
people of this county, are by no means disposed to injure his majesty's troops ; they think them- 
selves aggrieved and oppressed by the late acts of parliament, and are resolved by divine assist- 
ance, never to submit to them, but have no inclination to commence a war with his majesty's 
troops, and beg leave to observe to your excellency, that the ferment now excited in the minds 
of the people, is occasioned by some late transactions, by seizing the powder in the arsenal at 
Charlestown ; by withholding the powder lodged in the magazine of the town of Boston, from 
the legal proprietors ; insulting, beating, and abusing passengers to and from the town by the 
soldiery, in which they have been encouraged by some of their officers ; putting the people in 
fear, and menacing them in their nightly patrole into the neighbouring towns ; and more parti* 
eularly, by the fortifying the sole avenue by land to the town of Boston. 



[1774, Oct.] HISTORICAL NOTES, fie. Ill 

In duty therefore to his majesty and to your excellency, and for the restoration of Order and 
security to this county, we the delegates from the several towns in this county, being commissioned 
for this purpose, beg your excellency's attention to this our humble and faithful address ; assuring 
you, that nothing less than an immediate removal of the ordinance, and restoring the entrance 
into the town to its former state, and an effectual stop of all insults and abuses in future, can 
place the inhabitants of this county in that state of peace and tranquillity, in which every free sub- 
ject ought to be." 

His excellency was waited on, to know if he would receive the committee with the above written 
address, but desiring he might have a copy of it in a private way, that so when he received it from 
the committee, he might have an answer prepared tor them, he was accordingly furnished with a 
oopy, his excellency then declared, that he would receive the committee on monday at 12 oclock. 

** The CONGRESS taking the foregoing proceedings of Suffolk Co. into consideration. 

Resolved unanimously, That this assembly deeply feels the suffering of their eountrymen in 
the Massachusetts Bay, under the operation of the late unjust, cruel, and oppressive acts of the 
British parliament — that they most thoroughly approve the wisdom and fortitude, with which 
opposition to these wicked ministerial measures has hitherto been conducted, and they earnestly 
recommend to their brethren, a perseverance in the same firm and temperate conduct as ex- 
pressed in the resolutions determined upon, at a meeting of the delegates for the county of Suffolk, 
on Tuesday the 6th instant, trusting that the effect of the united efforts of North America in their 
behalf, will carry such conviction to the British nation, of the unwise, unjust, and ruinous policy 
of the present administration, as quickly to introduce better men and wiser measures. 

Resolved unanimously, That contributions from all the colonies for supplying the necessities, 
and alleviating the distresses of our brethren at Boston, ought to be continued, in such manner, 
and so long as their occasions may require. 

Ordered, That a copy of the above resolutions be transmitted to Boston by the president. 

Ohdered, That these resolutions, together with the resolutions of the county of Suffolk, be 
published in the news-papers. 

As some other measures respecting the state of things at Boston, and connected with the fore- 
going, appear on the journals, an account of them is here thrown together. 

[Tliursday Oct. 6.] Congress resumed the consideration of the means proper to be used for a 
restoration of American rights. During this debate, an express from Boston arrived with a letter 
from the committee of correspondence, dated the 29th,of September, which was laid before the 



In this the committee of correspondence inform the congress, that they " expected some regard 
would have been paid to the petitions presented to their governor, against fortifying their town 
in such a manner, as can be accounted for only upon the supposition, that the town and country 
are to be treated by the soldiery as declared enemies — that the intrenchments upon the neck are 
nearly completed — that cannon are mounted at the entrance of the town — that it is currently 
reported, that fortifications are to be erected on Corpse-Hill, Bacon-Hill, Fort-Hill, &c. so 
that the fortifications, with the ships in the harbour, may absolutely command every avenue to 
the town both by sea and land — that a number of cannon, the property of a private gentleman, 
were a few days ago seized and taken from his wharf by order of the general — that from several 
circumstances mentioned in the letter, there is reason to apprehend, that Boston is to be made and 
kept a garrisoned town ;— that from all they can hear from Britain, administration is resolved to do 
all in their power to force them to a submission— that when the town is enclosed, it is apprehended 
the inhabitants will be held as hostages for the submission of the country, they apply therefore to 
the congress for advice how to act — that, if the congress advise to quit the town, they obey — if it 
is judged that by maintaining their ground they can better serve the publick cause, they will not 
shrink from hardship and danger — finally, that as the late acts of parliament have made it impos- 
sible that there should be a due administration of justice, and all law therefore must be suspended — 
that as the governor has by proclamation prevented the meeting of the general court, they there- 
fore request the advice of the congress." 

\_Oct. 7.] Congress resumed the consideration of the letter from the committee of correspon- 
dence in Boston, and after some debate — 

Resolved, That a committee be appointed to prepare a letter to his excellency general Gage, 
representing " that the town of Boston and province of Massachusetts bay, are considered by all 
America as suffering in the common cause, for tUeir noble and spirited opposition to oppressive 



112 [1774, Oct.] HISTORICAL NOTES, &c. 

ac ifparliajpaent, calculated to deprive us of our most sacred rights and privileges." — Expressing 
our concern, that, while the congress are deliberating on the roost peaceable means for restoring 
American liberty, and that harmony and intercourse, which subsisted between us and the parent 
kiugtom, so necessary to both, his excellency, as they are informed, is raising fortifications round 
the low not Boston, thereby exciting well grounded jealousies in the minds of his majesty's faithful 
subjects therein, that he means to cut off all communication between them and their brethren in 
the country, and reduce them to a state of submission to his will, and that the soldiers under his 
excellency's command, are frequently violating private property, and offering various insults to 
the people, which must irritate their minds, and if not put a stop to, involve all America in the 
horrors, of a civil war. — To entreat his excellency, from the assurance we have of the peaceable 
disposition of the inhabitants of the town of Boston and the proviuce of the Massachusetts Bay, 
to discontinue his fortifications, and that a free and safe communication be restored and continued 
between the town of Boston and the country, and prevent all injuries on the part of the troops, 
until his majesty's pleasure shall be known, after the measures now adopting shall have been laid 
before him. 

Mr. Lynch Mr. S. Adams, and Mr. Pendleton, are appointed a committee to draught a letter 
agreeable to I lie foregoing resolution. 

f_ Oct. 8. j Congress resumed the consideration of the letter from Boston, and upon motion. 

Resolved, That this congress approve the opposition of the inhabitants of the Massachusetts 
JBay, to the execution of the late acts of parliament ; and if the same shall be attempted to be 
carried into execution by force, in such case, all America ought to support them in their oppo- 
sition. 

[Oct. 10.] Congress resuming the consideration of the letter from Boston ; 
Resolved unanimously, That it is the opinion of this body, that the removal of the people of 
Boston into the country, would be, not only extremely difficult in the execution, but so important 
in its consequences, as to require the utmost deliberation before it is adopted ; but in case the pro- 
vincial meeting of that colony should judge it absolutely necessary, it is the opinion of the congress, 
that all America ought to contribute towards recompensing them for the injury they may thereby 
sustain ; and it will be recommended accordingly. 

Resolved, That the congress recommend to the inhabitants of the colony of Massachusetts 
JBay, to submit to a suspension of the administration of justice, where it cannot be procured in a 
legal and peaceable manner, under the rules of their present charter, and the laws of the colony 
founded thereon. 

Resolved unanimously, That every person and persons whomsoever, who shall take, accept, 
or act under any commission or authority, if any wise derived from the act passed in the last 
session of parliament, changing the form of government, and violating the charter ef the province 
of Massachusetts Bay, ought to be held in detestation and abhorrence by all good men, and con- 
sidered as the wicked tools of that despotism, which is preparing to destroy those rights, which 
God, nature and compact, have given to America. 

The committee brought in a draught of a letter to general Gage, and the same being read and 
amended, was ordered to be copied and to be signed by the president, in behalf of the congress. 

[Oct. 11.] A copy of the letter to general Gage, was brought into congress, and agreeable to 
order, signed by the president, and is as follows ; 

Philadelplua, October 10, 1774. 
Sir, 

"The inhabitants of the town of Boston have informed us, the representatives of his majesty's 
faithful subjects in all the colonies, from Nova Scotia to Georgia, that the fortifications erecting 
within that town, the frequent invasions of private property, and the repeated insults they receive 
from the soldiery, have given them great reason to suspect a plan is formed very destructive to 
them, and tending to overthrow the liberties of America. 

" Your excellency cannot be a stranger, to the sentiments of America with respect to the acts of 
parliament, under the execution of which, those unhappy people are oppressed ; the approbation 
universally expressed of their conduct, and the determined resolution of the colonies, for the pre- 
servation of their common rights, to unite in their opposition to those acts. — In consequence of 
these sentiments, they have appointed us the guardians of their rights and liberties, and we are 
under the deepest concern, that whilst we are pursuing dutiful and peaceable measures to procure 
a cordial and effectual reconciliation between Great Britain and the colonies, your excellency 



[1774, Oct.] HISTORICAL NOTES, &c. 113 

should proceed in a manner that bears so hostile an appearance, and which even those oppressive 
acts do not warrant. 

"We entreat your excellency to consider, what a tendency this conduct must have to irritate 
and force a free people, hitherto well disposed to peaceable measures, into hostilities, which may 
prevent the endeavours of this congress to restore a good understanding with our parent state, and 
may involve us in the horrors of a civil war. 

"In order therefore to quiet the minds, and remove the reasonable jealousies of the people, 
that they may not be driven to a state of desperation ; being fully persuaded of their pacifick dispo- 
sition towards the king's troops, could they be assured of their own safety ; we hope, Sir, you will 
discontinue the fortifications in and about Boston, prevent any further invasions of private proper- 
ty, restrain the irregularities of the soldiers, and give orders that the communication between the 
$town and country may be open, unmolested and free. 

Signed by order, and in behalf 
of the General Congress, 

PEYTON RANDOLPH, president. 

As the congress have given general Gage an assurance of the peaceable disposition of the people 
of Boston and the Massachusetts Bay ; 

Resolved unanimously, That they be advised still to conduct themselves peaceably towards his 
excellency general Gage, and his majesty's troops now stationed in the town of Boston, as far as 
can possibly be consistent with their immediate safety, and the security of the town ; avoiding and 
discountenancing every violation of his majesty's property, or any insult to his troops, and tha^ 
they peaceably and firmly persevere in the line they are now conducting themselves, on the 
defensive. 

Ohdeueb, That a copy of the foregoing resolve, and of that passed on Saturday, and the three 
passed yesterday, be made out ; and that the president enclose them in a letter to the committee 
of correspondence for the town of Boston, being the sentiments of the congress on the matters 
referred to them by the committee, in their letter of the 29th of September last. 

It is proper to add here the letter of general Gage, in answer to that of the president of con- 
gress, [Oct. 10.] 

To Pevton Randolph, Esq; 
Sir, Boston, October 20, 1774. 

Representations should be made with candour, and matters stated exactly as they stand. 
People would be led to believe, from your letter to me of the 10th instant, that works were raised 
against the town of Boston, private property invaded, the soldiers suffered to insult the inhabit- 
ants, and the communication between the town and country shut up, and molested. 

Nothing can be farther from the true situation of this place than the above state. There is not 
a single gun pointed against the town, no man's property has been seized or hurt, except the 
king's, by the people's destroying straw, bricks, &c. bought for his service. No troops have given 
less cause for complaint, and greater care was never taken to prevent it, and such care and atten- 
tion was never more necessary, from the insults and provocations daily given to both officers and 
soldiers. The communication between the town and country has been always free and unmolest- 
ed, and is so still. 

Two works of earth have been raised at some distance from the town, wide off the road, and 
guns put in them. The remainder of old works, going out of the town, have been strengthened, 
and guns placed there likewise. People will think differently, whether the hostile preparation 
throughout the country, and the menaces of blood and slaughter, made this necessary ; but I am to 
do my duty. 

It gives me pleasure that you are endeavouring at a cordial reconciliation with the mother coun- 
try, which, from what has transpired, I have despaired of. Nobody wishes better success to such 
measures than myself. I have endeavoured to be a mediator, if I could establish a foundation to 
work upon, and have strongly urged it to the people here to pay for the tea, and seud a proper 
memorial to the king, which would be a good beginning on their side, and give their friends the 
opportunity they seek, to move in their support. 

I do not believe that menaces, and unfriendly proceedings, will have the effect which too many 
conceive. The spirit of the British nation was high when I left England, and such measures 
will not abate it. But I should hope that decency and moderation here, would create the same 
disposition at home ; and I ardently wish that the common enemies to both countries may see, ta 



114 [1774, Oct.] HISTORICAL NOTES, kc. 

their disappointment, that these disputes between the mother country and the colonies, havt? 

terminated like the quarrels of lovers, and increased the affection which they ought to bear te 

each other. I am, Sir, Your most obedient humble servant. 

THOMAS GAGei. 

[OcM4.] DECLARATION OF RIGHTS. 

The great subjects which principally occupied the attention of this congress, were those com- 
prehended within the resolutions adopted on the first day of its session ; relative to the "rights" of 
the colonies, their " instances of infraction ;" and the " means to be. used for their restoration." 

The cotnmittee,(l) appointed to state the "bights," made their report Sep. 22; which was 
held under deliberation, and frequently debated, until this day, when congress made the following, 

DECLARATIONS and BESOI.VES. (2) 

Whebeas since the close of the last war, the British parliament, claiming a power, of right, to' 
bind the people of America by statutes in all cases whatsoever, hath in some acts expressly im 
posed taxes on them, and in others, under various pretences, but in fact, for the purpose of raising 
a revenue, hath imposed rates and duties payable in these colonies, established a board of commis- 
sioners, with unconstitutional powers, and extended the jurisdiction of courts of admiralty, not 
only for collecting the said duties, but for the trial of causes merely arising within the body of 
a county. 

And whebeas, in consequence of other statutes, judges, who before held only estates at will in 
their offices, have been made dependant on the crown alone for their salaries, and standing armies 
kept in times of peace : And whereas it has lately been resolved in parliament, that by force of a 
statute, made in the thirty-fifth year of the reign of king Henry VIII, colonists may be transport- 
ed to England, and tried there upon accusations for treasons and misprisons, or concealments of 
treasons committed in the colonies, and by a late statute, such trials have been directed in cases 
therein mentioned : 

And whebeas, in the last session of parliament, three statutes were made ; one entitled, " An 
act to discontinue in such manner and for such times as are therein mentioned, the landing and 
discharging, lading, or shipping of goods, wares, and merchandize, at the town, and within the 
harbour of Boston, in the province of Massachusetts Bay in North America," Another entitled, 
" An act for the better regulating the government of the province of Massachusetts bay in New 
England-" And another entitled "An Act for the impartial administration of justice, in the cases 
of persons questioned for any act done by them in the execution of the law, or for the suppression 
of riots and tumults, in the province of the Massachusetts Bay in New England:" And another 
statute was then made, " for making more effectual provision for the government of the province 
of Quebec, &c." All which statutes are impolitick, unjust, and cruel, as well as unconstitutional, 
and most dangerous and destructive of American rights; 

And whebeas, assemblies have been frequently dissolved, contrary to the rights of the people, 
when they attempted to deliberate on grievances ; and their dutiful, humble, loyal, and reasonable 
petitions to the crown for redress, have been repeatedly treated with contempt, by his majesty's 
ministers of state. 

The good people of the several colonies of New Hampshire, Massachusetts bay, Rhode Island 
and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Newcastle 
Kent and Sussex, on Delaware, Maryland, Virginia, North Carolina, and South Carolina ; 
justly alarmed at these arbitrary proceedings of parliament and administration, have severally 

(1) Names, ante. p. 106. (2) This declaration of rights in the shape of resolves as agreed to, 
merits peculiar attention, because it states precisely the ground then taken by America, and 
evidences the terms on which a satisfactory reconciliation was practicable. It is observable, 
that rights were at this period asserted, which, in the commencement of the contest, were not 
generally maintained; and that, even then, the exclusive right oj legislation in the colonial legis- 
latures, with the eo:ception of acts of the British parliament, bona fide made to regidate and 
restrain external commerce, which from necessity were consented to, was not unanimously aver- 
red. While this declaration was under debate, it is stated by Mr. Gordon, that Mr. Galloway, 
of Pennsylvania, and Mr. Duane, of New York, inclined to the side of ministry. The former 
became a member at the earnest solicitation of the assembly, and refused compliance till they had 
given him instructions agreeable to his own mind, as the ride of his conduct. These instructions 
they suffered him to draw up : they were brief y to state tlie rights and the grievances of America, 
and to propose a plan of amicable accommodation of the differences between Great Britain and 
the colonies, and of a perpetual union. September the twenty-eighth, a plan was proposed by him, 
which was debated a whole day, when the question was carried, six colonies to five, that it should 
be resumed and further considered ; but it at length fell through. The ten resolutions v/hieh the 



[1774, Oct.] HISTORICAL NOTES, &c 115 

elected, constituted, and appointed deputies to meet and sit in general congress, in the city of 
Philadelphia, in order to obtain such establishment ; as that their religion, laws, and liberties, 
may not be subverted : Whereupon the deputies so appointed being now assembled, in a full and 
free representation of these colonies, taking into their most serious consideration, the best means 
of attaining the ends aforesaid, do in the first place, as Englishmen their ancestors, in like cases 
have usually done, for asserting and vindicating their rights and liberties, declahe, 

That the inhabitants of the English colonies in North America, by the immutable laws of na- 
ture, the principles of the English constitution, and the several charters or compacts, have the 
following hights. 

1. Resolved, N. C. D. That that they are entitled to life, liberty, and property: and they 
have never ceded to any sovereign power whatever, a right to dispose of either without their 
consent. 

2. Resolved, N. C. D. That our ancestors, who first settled these colonies, were at the time 
of their emigration from the mother country, entitled to all the rights, liberties, and immunities of 
free and natural born subjects, within the realm of England. 

3. Resolved N. C. D. That by such emigration they by no means forfeited, surrendered, or 
Jost any of those rights, but that they were, and their descendants now are, entitled to the ex- 
ercise and enjoyment of all such of them, as their local and other circumstances enable them to 
exercise and enjoy. 

4. Resolved, That the foundation of English liberty and of all free government, is, a right 
in the people to participate in their legislative council : and as the English colonists are not re- 
presented, and from their local and other circumstances cannot properly be represented in the 
British parliament, they are entitled to a free and exclusive power of legislation in their several 
provincial legislatures, where their right of representation can alone be preserved, in all cases of 
taxation and internal polity, subject only to the negative of their sovereign, in such manner as has 
been heretofore used and accustomed : But from the necessity of the case, and a regard to the 
mutual interests of both countries, we cheerfully consent to the operation of such acts of the 
British parliament, as are bona fide, restrained to the regulation of our external commerce, for 
the purpose of securing the commercial advantages of the whole empire to the mother country, 
and the commercial benefits of its respective members ; excluding every idea of taxation internal 
or external, for raising a revenue on the subjects in America without their consent. 

5. Resolved, N. C. D. That the respective colonies are entitled to the common law of En- 
gland, and more especially to the great and inestimable privilege of being tried by their peers of 
the Vicinage, according to the course of that law. 

6. Resolved, That they are entitled to the benefit of such of the English statutes, as existed 
at the time of their colonization; and which they have, by experience, respectively found to be 
applicable to their several local and other circumstances. 

7. Resolved, N. C. D. That these, his majesty's colonies, are likewise entitled to all the im- 
munities and privileges granted and confirmed to them by royal charters, or secured by their se- 
veral codes of provincial laws. 

8. Resolved, N. C. D. That they have a right peaceably to assemble, consider of their grie- 
vances, and petition the king ; and that all prosecutions, prohibitory proclamations, and commit- 
ments for the same, are illegal. 

9. Resolved, N. C. D. That the keeping a standing army in these colonies, in times of 

congress came to in their declaration, expressing their indubitable rights and liberties, met 
■with very considerable opposition. Mr. Duane, and others who drew -with him, perplexed tlie 
proposals made by the high sons of liberty, so that the congress did not come to a single resolution 
for more than a fortnight, neither in stating their rights nor their grievances. — When six duys 
before that declaration, on October the eighth; the resolution was passed. " That the congress 
approve the opposition of the inhabitants of the Massachusetts bay to the execution of the lute 
acts ; and if the same shall be attempted," &c. Galloway and Duane not only opposed, but 
■wanted to have their protest entered; which being refused, on their return from congress they 
gave each other a certificate, declaring their opposition to that question, as they thought it a 
treasonable one. In some stages of their proceedings, the danger of a rupture with Britain was 
urged as a plea for certain concessions. Upon this Mr. S. Adams rose up, and among ot/wr 
things said, in substance, " I should advise persisting in our struggle for liberty, though it was 
revealed from Heaven 2Ac*999 were to perish, and only one of a thousand to survive and retain 
his liberty. One such freeman must possess more virtue, and enjoy more happiness, than a 
thousand slaves; and let him propagate his like, and transmit to them what he hath so nobly 
^preserved.'* 



116 [1774, Oct.] HISTORICAL NOTES, &c. 

peaee, without the consent of the legislature of that colony in which such army is kept, is 
against law. 

10. Resolved, N. C. D. It is indispensably necessary to good government, and rendered essen- 
tial by the English constitution, that the constituent branches of the legislature be independent of 
each other ; that, therefore, the exercise of legislative power in several colonies, by a council ap~ 
pointed, during pleasure, by the crown, is unconstitutional, dangerous, and destructive to the free- 
dom of American legislation. 

All and each of which, the aforesaid deputies in behalf of themselves, and their constituents, do 
claim, demand, and insist on, as their indubitable rights and liberties ,■ -which cannot be legalhj 
taken from them, altered, or abridged by any power whatever, without their own consent, by 
t/ieir representatives in their several provincial legislatures. 

In the course of our inquiry, we find many infringements and violations of the foregoing rights, 
which, from an ardent desire that harmony and mutual intercourse of affection and interest may ; 
be restored, we pass over for the present, and proceed to state such acts and measures as have 
been adopted since the last war, which demonstrate a system formed to enslave America. 

Resolved, N. CD. That the following acts of parliament are infringements and violations of 
the rights of the colonists; and that the repeal of them is essentially necessary, in order to restore 
harmony between Great Britain and the American colonies, viz. 

The several acts of 4 Geo. III. ch. 15. (1) and ch. 34. (2) 5 Geo. III. ch. 25. (3) 6 Geo. III. ch, 
52. (4) 7 Geo. III. ch. 41. (5) and ch. 46. (6) 8 Geo. HI. ch. 22. (7) which impose duties for the 
purpose of raising a revenue in America, extend the power of the admiralty courts beyond their 
ancient limits, deprive the American subject of trial by jury, authorise the judges certificate to 
indemnify the prosecutor from damages, that he might otherwise be liable to, requiring oppressive 
security from a claimant of ships and goods seized, before he shall be allowed to defend his pro- 
perty, and are subversive of American rights. 

Also 12 Geo. III. ch. 24. ( 8) entitled, " An Act for the better securing his majesty's dock- 
yards, magazines, ships, ammunition, and stores," which declares a new offence in America, and 
deprives the American subject of a constitutional trial by jury of the Vicinage, by authorising the 
trial of any person, charged with the committing any offence described in the said act, out of the 
realm, to be indicted and tried for the same in any shire or county within the realm. 

Also the three acts passed in the last session of parliament, for stopping the port and blocking 
up the harbour of Boston, (9) for altering the charter and government of Massachusetts bay, (10) 
and that which is entitled, " An Act for the better administration of justice, &c."(ll) 

Also the act passed in the same session for establishing the Roman catholick religion in the pro- 
vince of Quebec, abolishing the equitable system of English laws, and erecting a tyranny there, 
to the great danger, (from so total a dissimilarity of religion, law, and government) of the neigh- 
bouring British colonies, by the assistance of whose blood and treasure the said country was con- 
quered from France. (12) 

Also the act passed in the same session for the better providing suitable quarters for officers and 
soldiers in his majesty's service in North America.(13) 

(1) iXStat. 150. Ap. 5. Called tlie "sugar act," see p. ante 16. and note p. 29. (2) iXStat 
199. Declaring all acts for making bills of credit, a tender in the colonies after Sep. 1, 1764, 
void, andno emissions before made to be a tender beyond the period limited for si?iking, or calling 
them in— passed Ap. 1764. (3) X Stat. 44. This act repeals 9 Ann. c. 10. establishing a Post 
Office in the British dominions and colonies: so far as respects rates of postage, &c. after Oct. 
10, 1765, and establishes other rates with many additional provisions. (See p. 12, ante.) (4) X 
Stat. 269. Passed in 1766. an act which repealed the "sugar act" of Ap. 1764. and all duties, 
&c. and in lieu of them, laid 1 d duty per gallon, on molasses .• 7 shillings on every cwt. of coffee : 
and a halfpenny on every lb. of pepper, imported into the colonies; See ante p. 18. (5) X 
Stats. 340. Establishing a board of commissioners of revenue in the colonies: passed June, 1767. 
See ante p. 27. (6) X Stats. 369. Granting duties on glass, &c. passed June 1767, and repeal- ' 
ed, except tea, in Ap. 1770. See ante p. 27. (7) X Stats. 483. Passed 1768, and authorizes 
prosecutions for forfeitures and penalties in cases of 'revenue, after 1 Sep. 1768, in any court 
ef \\ce-admiralty, appointed or to be appointed, within any colony or place, where the cause &c. 
shall arise -• and gives an appeal to such vice-ad?niralty courts, from causes determined in the 
other courts of admiralty. (8) XI Stats. 402. Passed in June 1772. (9) Xll Stats. 47. 12 
G. 3. c. 19. Mar. 1774. (10) Ibid. 84. 12 G. 3. c. 45. June, 1774. (U) Ibid. 75. 12 G. 3. c. 39. 
June, 1774. (12) Ibid. 184. 14 G. 3. c. 83. June, 1774. (13) Ibid. 96. 12 G. 3. c. 54. June, 1774. 
It is to be observed that the "titles"' of the several acts are not statedly Congress, nor the subjects; 
I have rejerredto the book, page, time of passing, subjects,^. It is remarkable that Congress. 



[1774, Oct.] HISTORICAL NOTES, &o 417 

Also, that the keeping a standing army in several of these colonies, in time of peace, 'without 
the consent of the legislature of that colony in which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot submit, but in hopes their fellow subjects 
in Great Britain will, on a revision of them, restore us to that state, in which both countries found, 
happiness and prosperity, we have for the present, only resolved to pursue the following peace- 
able measures; 1. To enter into a non-importation, non-consumption, and non-exportation agree- 
ment or association. 2. To prepare an address to the people of Great Britain, and a memorial to 
the inhabitants of British America : And 3. To prepare a loyal address to his majesty, agreeable 
to resolutions already entered into. 

In the foregoing " declaration of rights" it will be seen, that the congress in conclusion, say, 
«* to these grievous acts and measures, Americans cannot submit ;" but in hopes of their revision, 
and the restoration of harmony again, they for the present only had resolved, to enter into, 1. A 
" non-importation, non-consumption, and non-exportation agreement." 2. To prepare an address 
to the people of Great Britain? and *'a memorial to the inhabitants of British America ;" 3. "A 
loyal address to his majesty ■" — as means whereby so desirable an event might be secured. 

Previously to the " declaration of rights," viz. on the 27th and 30th of September, they had come 
to the following resolves ; 

First, That from and after the Jirst day of December next, there be no importation into 
British America from Great Britainor Ireland, of any goods, wares or merchandize whatever, or 
from any other place, of any such goods, wares or merchandizes, as shall have been exported 
from Great Britain or Ireland; and that no such goods, wares or merchandizes, imported 
after the said Jirst day of December next, be used or purchased. — 

Second, That from and after the 10th day of September, 1775, the exportation of all mer- 
chandize and every commodity whatsoever, to Great Britain, Ireland, and the West Indies, ought 
to cease, unless the grievances of America are redressed before that time— and 

That Mr. Cushing, Mr. Low, Mr. Mifflin, Mr. Lee, and Mr. Johnson, be a committee to 
bring in a plan for carrying into effect, the non-importation, non-consumption, and non-exportation, 
resolved on. — 

To these resolves on the 6th of Oct. in debating on the " means" &c. they added another, viz. 
* That the committee appointed to prepare the form of an association, be directed to adopt the 
following clause, viz. — That from and after theirs* day of December next, no molasses, coffee or 
pimento, from the British plantations or from Dominica, or wines from Madeira and the West' 
em Islands, or foreign indigo, be imported into these colonies." 

On the 12th of Oct. this committee reported a plan for carrying into effect the " non-importa- 
tion agreement, &c." which after being several days under consideration and debate, was agreed 
to, and ordered to be transcribed, that it might be signed by the several members : 

[Oct. 20.] The association being copied, was read and signed at the table j (1) and is as 
follows: 

NON-IMPORTATION AGREEMENT, &c. 

We his majesty's most loyal subjects, the delegates of the several colonies of New Hampshire, 
Massachusetts bay, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, the 
three lower counties of Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North 
Carolina, and South Carolina, deputed to represent them in a continental congress held in the 
eity of Philadelphia, on the fifth day of September, 1774 ; avowing our allegiance to his majesty, 
our affection and regard for our fellow subjects in Great Britain and elsewhere, affected with the 
deepest anxiety and most alarming apprehensions, at those grievances and distresses with which 
his majesty's American subjects are oppressed ; and having taken under our most serious deliber- 
ation, the state of the whole continent ; find, that the present unhappy situation of our affairs is 
occasioned, by a ruinous system of colony administration adopted by the British ministry, about the 

(1) The whole number of delegates was 55. It was signed by all except " Samuel Rhoads, 
and Robert Goldsborough, Eggs." who were probably absent. 

take no noth " (r the "declaratory act," passed in 1766, nor the act in 1767, 7 Geo. 3. c. 59. Sue- 
pending leg?emtion in New York, until the assembly complied with the mutiny act : perhaps this 
last act hqd been complied with, and was obsolete. 

15 



118 (17H, Oct.] HISTORICAL NOTES, &c. 

year 1765, evidently calculated for enslaving these colonies, and, with them, the British empire 
In prosecution of which system, various acts of parliament have been passed for raising a revenue 
in America, for depriving the American subjects, in many instances, of the constitutional trial by 
jury, exposing their lives to danger, by directing a uew and illegal trial beyond the seas, for 
crimes alledged to have been committed in America : And in prosecution of the same system, 
several late, cruel, and oppressive acts, have been passed respecting the town of Boston and the 
Massachusetts bat/, and also an act for extending the province of Quebec, so as to border on the 
western frontiers of these colonies, establishing an arbitrary government therein, and discour- 
aging the settlement of British subjects in that wide extended country ; thus, by the influence of 
civil principles and ancient prejudices, to dispose the inhabitants to act with hostility against the 
free protestant colonies, whenever a wicked ministry shall ehoose so to direct them. 

To obtain redress of these grievances, which threaten destruction to the lives, liberty, and 
property of his majesty's subjects in North America, we are of opinion ; that a non-importatien 5 
non-consumption, and non-exportation agreement, faithfully adhered to, will prove the most 
speedy, effectual, and peaceable measure : And therefore we do, for ourselves, and the inhabi- 
tants of the several eolonies whom we represent, firmly agree and associate under the sacred ties 
of virtue, honour and love of our country, as follows: 

First, That from and after the first day of December next, we will not import into British 
America, from Great Britain or Ireland, any goods, wares, or merchandize whatsoever, or from 
any other place, any such goods, wares, or merchandize, as shall have been exported from Great 
Britain or Ireland; nor will we, after that day, import any East India tea from any part of the 
world ; nor any molasses, syrups, paneles, coffee, or pimento, from the British plantations or from 
Dominica; nor wines from Madeira, or the Western Islands ; nor foreign indigo. 

Second, We will neither import nor purchase, any slave imported after the first day of Decern' 
ber next; after which time, we will wholly discontinue the slave trade, and will neither be con- 
cerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to 
those who are concerned in it. 

Third, As a non-consumption agreement, strietly adhered to, will be an effectual security for 
the observation of the non-importation, we as above, solemnly agree and associate, that from 
this day, we will not purchase or use any tea imported on account of the East India Company, 
or any on which a duty hath been or shall be paid; and from and after the first day of March 
next, we will not purchase or use any East India tea whatever ; nor will we, nor shall any person 
for or under us, purchase or use any of those goods, wares, or merchandize, we have agreed not 
to import, which we shall know, or have cause to suspect, were imported after the first day of 
December, exeept such as come under the rules and directions of the tenth article hereafter 
mentioned. 

Fourth, The earnest desire we have, not to injure our fellow-subjects in Great Britain, Ire- 
land, or the West Indies, induces us to suspend a non-exportation, until the tenth day of Septem- 
ber, 1775 ; at which time, if the said acts and parts of acts of the British parliament herein after 
mentioned, are not repealed, we will not, directly or indirectly, export any merchandize or com- 
modity whatsoever to Great Britain, Ireland, or the West Indies, except rice to Europe. 

Fifth, Such as are merchants, and use the British and Irish trade, will give orders as soon 
as possible to their factors, agents and correspondents, in Great Britain and Ire/and, not to 
ship any goods to them on any pretence whatsoever, as they cannot be received in America ; 
and if any merchant, residing in Great Britain or Ireland, shall directly or indirectly ship any 
floods, wares or merchandize, for America, in order to break the said non-importation agreement, 
or in any manner contravene the same, on such unworthy conduct being well attested, it ought to 
be made publick ; and, on the same being so done, w« will not from thenceforth have any com- 
mercial connexion with such merchant. 

Sixth, That such as are owners of vessels will give positive orders to their captains, or masters, 
not to receive on board their vessels any goods prohibited by the said non-importation agreement, 
on pam of immediate dismission from their service. 

Seventh, We will use our utmost endeavours to improve the breed of sheep, and increase their 
number to the greatest extent ; and to that end, we will kill them as seldom as may be, especially 
those of the most profitable kind; nor will we export any to the West Indies or. '*■> where; and 
those of us, who are or may become overstocked with, or can conveniently spa^V^f r sheep, will 
dispose of them to our neighbours, especially to the poorer sort, on moderate teri? ; •" - 

Eighth, We will in our several stations, encourage frugality, ceconomr, and industry ; and pro- 



11774, Oct.] HISTORICAL NOTES, &c. 119 

note agriculture, arts and the manufactures of this country, especially that of wool ; and will dia* 
countenance and discourage every species of extravagance and dissipation, especially all horse 
racing, and all kinds of gaming, cock lighting, exhibitions of shows, plays, and other expensive 
diversions and entertainments ; and on the death of any relation or friend, none of us, or any of 
our families, will go into any further mourning dress, than a black crape or ribbon on the arm or 
hat for gentlemen, and a black ribbon and necklace for ladies, and we will discontinue the giving 
ef gloves and scarves at funerals. 

Ninth, Such as are venders of goods or merchandize, will not take advantage of the scarcity of 
goods that may be occasioned by this association, but will sell the same at the rates we have been 
respectively accustomed to do, for twelve months last past. — And if any vender of goods or mer- 
chandize shall sell any such goods on higher terms, or shall in any manner, or by any device 
whatsoever, violate or depart from this agreement, no person ought, nor will any of us deal with 
any such person, or his, or her factor or agent, at any time thereafter, for any commodity what- 
ever. 

Tenth, In case any merchant, trader, or other persons, shall import any goods or merchandize 
after the first day of December, and before the Jirst day of February next, the same ought forth- 
with, at the election of the owner, to be either re-shipped or delivered up to the committee of 
the county, or town wherein they shall be imported, to be stored at the risque of the importer, 
until the non-importation agreement shall cease, or be sold under the direction of the committee 
aforesaid ; and in the last mentioned case, the owner or owners of such goods shall be reimbursed 
{out of the sales) the first cost and charges ; the profit, if any, to be applied towards relieving and 
employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston. 
port bill ; and a particular account of all goods so returned, stored, or sold, to be inserted in the 
publick papers ; and if any goods or merchandizes shall be imported after the said first day of 
February, the same ought forthwith to be sent back again, without breaking any of the packages 
thereof. 

Eleventh, That a committee be chosen in every county, city, and town, by those who are 
qualified to vote for representatives in the legislature, whose business it shall be, attentively to ob- 
serve the conduct of all persons touching this association ; and when it shall be made to appear, to 
the satisfaction of a majority of any such committee, that any person within the limits of their ap- 
pointment has violated this association, that such majority do forthwith cause the truth of the 
case to be published in the Gazette, to the end, that all such foes to the rights of British America, 
may be publickly known and universally contemned, as the enemies of American liberty ; and 
thenceforth we respectively will break off all dealings with him or her. 

Twelfth, That the committee of correspondence in the respective colonies, do frequently in- 
spect the entries of their custom houses, and inform each other from time to time of the true 
state thereof, and of every other material circumstance that may occur, relative to this asso- 
ciation. 

Thirteenth That all manufactures of this country be sold at reasonable prices, so that no undue 
advantage be taken of a future scarcity of goods. 

Fourteenth, And we do further agree and resolve, that we will have no trade, commerce, 
dealings or intercourse whatsoever, with any colony or province in North America, which shall 
not accede to, or which shall hereafter violate this association, but will hold them as unworthy of 
the rights of freemen, and as inimical to the liberties of their country. 

And we do solemnly bind ourselves and our constituents, under the ties aforesaid, to adhere 
to this association, until such parts of the several acts of parliament, passed since the close of the last 
war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pimento, 
indigo, foreign paper, glass, and painters colours, imported into America, and extend the powers 
of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, 
authorize the judge's certificate to indemnify the prosecutor from damages, that he might other- 
wise be liable to from a trial by his peers, require oppressive security from a claimant of ships or 
goods seized, before he shall be allowed to defend his property, are repealed. — And until that part 
of the act of the 12 G. 3. ch. 24. entitled, "An act for the better securing his majesty's dock- 
yards, magazines, ships, ammunition and stores," by which any persons charged with committing 
any of the offences therein described, in America, may be tried in any shire or county within the 
realm, is repealed.— And until the four acts passed the last session of parliament, viz. that tor 
stopping the port and blocking up the harbour of Boston — that for altering the charter and 
goTernmeftt of the Massachusetts bay—antf. that which is entitled* "An act for the better ad- 



120 (im, Oct.] HISTORICAL NOTES, &c. 



ministration of justice, &c." — And that " For extending the limits of Quebec, &c." are repealed, 
And we recommend it to the provincial conventions, and to the committees in the respective 
eo < nies, to establish such further regulations as they may think proper, for carrying into execu« 
tiou this association. 

The foregoing association being determined upon by the congress, was ordered to be subscribed 
by the several members thereof; and thereupon we have hereunto set our respective names 
accordingly. 

In congress, Philadelphia, Oct. 24. 

Signed PEYTON RANDOLPH, president. 

Astotheii of the means adopted to produce a restoration of rights &c. was, a " memorial to the 
people of British America," and " an address to the people of Great Britain" 

On the 11th of Oct. congress had unanimously Resolved, That a memorial be prepared to 
the people of British America, stating the necessity of a firm, united, and invariable observation 
of the measures recommended by the congress, as they tender the invaluable rights and liberties 
derived to them, from the laws and constitution of their country. 

Also, that an address be prepared to the people of Great Britain : That Mr. Lee, Mr. Liv- 
ingston, and Mr. Jay, be a committee to prepare the memorial and address. 

The committee reported an " address to the people of Great Britain" on the 18th of Oct. It 
vas debated on the 19th and re-committed. 

[ Oct. 21-3 The address &c. (1) was brought in and approved, and is as follows : 

ADDRESS TO THE PEOPLE OF GREAT BRITAIN. 

To the Peofie of Great Britain, from the Delegates, appointed by the several English Col- 
onies of New-Hampshire, Massachusetts bay, lihode-Island and Providence Plantations, Con- 
necticut, New-York, New-Jersey, Pennsylvania, the Lower counties on Delaware, Mary- 
land, Virginia, North Carolina and South Carolina; to consider of their grievances in General 
Congress, at Philadelphia, September 5th, 1774. 

Friends and fellow subjects, 
When a nation, led to greatness by the hand of liberty, and possessed of all the glory that hero- 
ism, munificence, and humanity can bestow, descends to the ungrateful task of forging chains for 
her friends and children, and instead of giving support to freedom, turns advocate for slavery and 
oppression ; there is reason to suspect she has either ceased to be virtuous, or been extremely neg- 
ligent in the appointment of her rulers. 

In almost every age, in repeated conflicts, in long and bloody wars, as well civil as foreign, 
against many and powerful nations, against the open assaults of enemies, and the more dangerous 
treachery of friends ; have the inhabitants of your island, j'our great and glorious ancestors, main - 
tained their independence, and transmitted the rights of men and the blessings of liberty, to you 
their posterity. 

Be not surprised therefore, that we, who are descended from the same common ancestors ; 
that we, whose forefathers participated in all the rights, the liberties, and the constitution, you 
so justly boast of; and who have carefully conveyed the same fair inheritance to us, guaranteed by 
the plighted faith of government and the most solemn compacts with British sovereigns ; should 
refuse to surrender them to men, who found their claims on no principles of reason, and who 
prosecute them with a design, that by having our lives and property in their power, they may 
with the greater facility enslave you. 

The cause of America is now the object of universal attention : it has at length become very 
serious. This unhappy country has not only been oppressed, but abused and misrepresented ; 
and the duty we owe to ourselves and posterity, to your interest, and the general welfare of the 
JBritish empire, leads us to address you on this very important subject 

Know then, That we consider ourselves, and do insist, that we are and ought to be , as free as 
our fellow subjects in Britain, and that no power on earth has aright to take our property from 
us without our consent. 

That we claim all the benefits secured to the subject by the English constitution, and particu- 
larly that inestimable one of trial by Jury. 

(1) Mr. Marshall w a wofc 'observes « that the composition of tins eloquent and manly address, 
has been generally attributed to Mr. Jay." 



[1774, Oct.] HISTORICAL NOTES, &c. 121 

That we hold it essential to English liberty, that no man be condemned unheard, or punished 
for supposed offences, without having an opportunity of making his defence. 

That we think the legislature of Great Britain is not authorized by the constitution, to establish 
a religion fraught with sanguinary and impious tenets, or, to erect an arbitrary form of govern- 
ment, ia any quarter of the globe. These rights we, as well as you, deem sacred. And yet, sa- 
cred as they are, they have, with many others, been repeatedly and flagrantly violated. 

Are not the proprietors of the soil of Great Britain lords of their own property? can it be ta- 
ken from them without their consent ? will they yield to the arbitrary disposal of any man, or num- 
ber of men whatever ? — You know they will not. 

Why then are the proprietors of the soil of America, less lords of their property than you are 
of yours? or why should they submit it to the disposal of your parliament, or any other parliament 
or council in the world, not of their election ? Can the intervention of the sea that divides us, 
cause disparity in rights ? or can any reason be given, why English subjects, who live three thou- 
sand miles from the royal Palace, should enjoy less liberty than those who are thi ee hundred miles 
distant from it ? . 

Reason looks with indignation on such distinctions, and freemen can never perceive their pro- 
priety. And yet, however chimerical and unjust such discriminations are, the parliament assert, 
that they have a right to bind us in all cases without exception, whether we consent or not; that 
they may take and use our property when and in what manner they please ; that we are pen- 
sioners on their bounty for all that we possess, and can hold it no longer than they vouchsafe to 
permit. Such declarations we consider as heresies in English politicks, and which can no more 
operate to deprive us of our property, than the interdicts of the pope can divest kings of sceptres, 
which the laws of the land and the voice of the people have placed in their hands. 

At the conclusion of the late war — a war rendered glorious by the abilities and integrity of a 
minister, to whose efforts the British empire owes its safety and its fame— -At the conclusion of 
this war, which was succeeded by an inglorious peace, formed under the auspices of a minister, 
of principles and of a family, unfriendly to the protestant cause, and inimical to liberty — We say 
at this period, and under the influence of this man, a plan for enslaving your fellow subjects in 
America was concerted, and has ever since been pertinaciously carrying into execution. 

Prior to this ara, you were content with drawing from us the wealth produced by our commerce. 
You restrained our trade in every way that could conduce to your emolument. You exercised 
unbounded sovereignty over the sea. You named the ports and nations to which alone our mer- 
chandize should be carried, and with whom alone we should trade; and though some of these 
restrictions were grievous, we nevertheless did not complain ; we looked up to you as to our parent 
state, to whieh we were bound by the strongest ties, and were happy in being instrumental to 
your prosperity and your grandeur. 

We call upon you yourselves, to witness our loyalty and attachment to the common interest of 
the whole empire : Did we not, in the last war, add all the strength of this vast continent to the 
force which repelled our common enemy? Did we not leave our native shores, and meet disease 
and death, to promote the success of British arms in foreign climates ? Did you not thank us for 
our zeal, and even reimburse us large sums of money, which, you confessed, we had advanced 
beyond our proportion, and far beyond our abilities? You did. 

To what causes then, are we to attribute the sudden change of treatment, and that system of 
slavery whieh was prepared for us at the restoration of peace ? 

Before we had recovered from the distresses which ever attend war, an attempt was made to 
drain this country of all its money, by the oppressive stamp act. Paint, glass, and other commodi- 
ties, which you would not permit us to purchase of other nations, were taxed ; nay, although no 
wine is made in any country, subject to the British state, you prohibited our procuring it of for- 
eigners, without paying a tax imposed by your parliament, on all we imported. These, aud 
many other impositions, were laid upon us most unjustly and unconstitutionally, for the express 
purpose of raising a revenue. In order to silence complaint, it was, indeed, provided, that this 
revenue should be expended in America for its protection and defence. — These exactions, how- 
ever, can receive no justification from a pretended necessity of protecting and defending us. 
They are lavishly squandered on court favourites and ministerial dependents, generally avowed 
enemies to America, and employing themselves, by partial representations, to traduce and embroil 
the colonies. For the necessary support of government here, we ever were and ever shall be 
ready to provide. And whenever the exigencies of the state may require it, we shall, as we have 
heretofore done, cheerfully contribute our full proportion of mea and money. To enforce this 



122 [1774, Oct.] HISTORICAL NOTES, &c. 

unconstitutional and unjust scheme of taxation, every fence that the wisdom of our British aa= 
cestors had carefully erected against arbitrary power, has been violently thrown down in America, 
and the inestimable right of trial by Jury taken away, in cases that touch both life and property. 
It was ordained, that whenever offences should be committed in the colonies against particular acts, 
imposing various duties and restrictions upon trade, the prosecutor might bring his action for the 
penalties in the courts of admiralty; by which means the subject lost the advantage of being tried 
by an honest uninfluenced Jury of the vicinage, and was subjected to the sad necessity of being 
judged by a single man, a creature of the crown, and according to the course of a law which 
exempts the prosecutor from the trouble of proving his accusation, and obliges the defendant 
either to evince his innocence, or to suffer. To give this new judiciary the greater importance, 
and as if with design to protect false accusers, it is further provided, that the judge's certificate 
of there having been probable causes of seizure and prosecution, shall protect the prosecutor from 
actions at common law for recovery of damages. 

By the course of our law, offences committed in such of the British dominions, in which courts 
are established and justice duly and regularly administered, shall be there tried by a jury of the 
vicinage. There the offenders and the witnesses are known, and the degree of credibility to be 
given to their testimony can be ascertained. 

In all these colonies, justice is regularly and impartially administered, and yet by the construc- 
tion of some, and the direction of other acts of parliament, offenders are to be taken by force, to 
gether with all such persons as may be pointed out as witnesses, and carried to England, there 
to be tried in a distant land, by a jury of strangers, and subject to all the disadvantages that re- 
sult from want of friends, want of witnesses, and want of money. 

When the design of raising a revenue, from the duties imposed on the importation of tea into Jl- 
merica, had in great measure been rendered abortive by our ceasing to import that commodity, 
a scheme was concerted by the ministry with the East India company, and an act passed enabling 
and encouraging them to transport and vend it in the colonies. Aware of the danger of giving suc- 
cess to this insidious manoeuvre, and of permitting a precedent of taxation thus to be established a- 
mong us, various methods were adopted to elude the stroke. The people of Boston, then ruled by 
a governor, (I) whom, as well as his predecessor, sir Francis Bernard, all America considers as 
her enemy, were exceedingly embarrassed. The ships which had arrived with the tea, were by 
his management prevented from returning.— The duties would have been paid ; the cargoes land- 
ed and exposed to sale ; a governor's influence would have procured and protected many pur- 
chasers. While the town was suspended by deliberations on this important subject, the tea was 
destroyed. Even supposing a trespass was thereby committed, and the proprietors of the tea en- 
titled to damages, the courts of law were open, and judges appointed by the crown presided in 
them. — The East India company however did not think proper to commence any suits, nor did 
Hhey even demand satisfaction either from individuals, or from the community in general. The 
ministry it seems, officiously, made the case their own, and the great council of the nation, descen- 
ded to intermeddle with a dispute about private property. Divers papers, letters, and other un- 
authenticated ex parte evidence were laid before them ; neither the persons who destroyed the 
tea, nor the people of Boston, were called upon to answer the complaint. The ministry, incensed by 
being disappointed in a favourite scheme, were determined to recur from the little arts of finesse, 
to open force and unmanly violence. The port of Boston was blocked up by a fleet, and an army 
placed in the town. Their trade was to be suspeuded, and thousands reduced to the necessity 
of gaining subsistence from charity, till they should submit to pass under the yoke, and consent 
to become slaves by confessing the omnipotence of parliament, and acquiescing in whatever dispo- 
sition they might think proper to make, of their lives and property. 

Let justice and humanity cease to be the boast of your nation ! consult your history; examine your 
records of former transactions ; nay, turn to the annals of the many arbitrary states and kingdoms 
that surround you, and show us a single instance, of men being condemned to suffer for imputed 
crimes, unheard, unquestioned, and without even the specious formality of a trial ; and that too by 
Jaws made expressly for the purpose, and which had no existence at the time of the fact commit- 
ted. If it be difficult to reconcile these proceedings to the genius and temper of your laws and 
constitution, the task will become more arduous, when we call upon our ministerial enemies to 
justify, not only condemning men untried and by hearsay, hut involving the innocent in one com- 
mon punishment with the guilty, and for the act of thirty or forty, to bring poverty, distress and 

(1) Tfama$ K-AicMmtfie 



(ITU, dctj HISTORICAL NOTES, &c. 123 

calamity on thirty thousand souls, and those not your enemies, but your friends, brethren, and 
fellow-subjects. 

It would be some consolation to us, if the catalogue of American oppressions ended here. It 
gives us pain to be reduced to the necessity of reminding you, that under the confidence reposed 
in the faith of government, pledged in a royal charter from a JBritish sovereign, the fore-fathers 
of the present inhabitants of the Massachusetts-bay left their former habitations, and established 
that great, flourishing, and loyal colony. Without incurring or being charged with a forfeiture 
of their rights, without being heard, without being tried, without law, and without justice, by at* 
act of parliament, their charter is destroyed, their liberties violated, their constitution and form of 
government changed : And all this upon no better pretence, than because in one of their towns a 
trespass was committed on some merchandize, said to belong to one of the companies, and be- 
cause the ministry were of opinion, that such high political regulations were necessary, to compel 
due subordination and obedience to their mandates. 

Nor are these the only capital grievances under which we labour. We might tell of dissolute, 
weak, and wicked governors having been set over us ; of legislatures being suspended for assert- 
ing the rights of Britith subjects; of needy and ignorant dependents on great men advanced 1 to 
the seats of justice, and toother places of trust and importance; of hard restrictions on com- 
merce, and a great variety of lesser evils, the recollection of which is almost lost under the weight 
and pressure of greater and more poignant catamites. 

Now mark the progression of the ministerial plan for enslaving us. 

Well aware that such hardy attempts to take our property from us, to deprive us of that valua- 
ble right of trial by jury, to seize our persons and carry us for trial to Great Britain, to block- 
ade our ports, to destroy our charters, and change our forms of government, would occasion, and 
had already occasioned great discontent in the colonies, which might produce opposition to these 
measures ; An act was passed to protect, indemnify, and screen from punishment, such as might 
be guilty even of murder, in endeavouring to carry their oppressive edicts into execution : and by 
another act, the dominion of Canada is to be so extended, modelled, and governed, as that by being 
disunited from us, detached from our interests, by civil as well as religious prejudices, that by 
their numbers daily swelling with catholick emigrants from Europe, and by their devotion to ad- 
ministration, so friendly to their religion ; they might become formidable to us, and on occasion, be 
fit instruments in the hands of power, to reduce the ancient, free protestant colonies, to the 
same state of slavery with themselves. 

This was evidently the object of the act : and in this view, being extremely dangerous to our 
liberty and quiet, we cannot forbear complaining of it, as hostile to British America. Superadded 
to these considerations, we cannot help deploring the unhappy condition to which it has reduced 
the many English settlers, who, encouraged by the royal proclamation, promising the enjoyment 
of all their rights, have purchased estates in that country. — They are now the subjects of an arbi- 
trary government, deprived of trial by jury, and when imprisoned, cannot claim the benefit of 
the Habeus Corpus act, that great bulwark and palladium of English liberty: — Nor can we sup- 
press our astonishment, that a British parliament should ever consent to establish in that country, 
a religion that has deluged your island in blood, and dispersed impiety, bigotry, persecution, mur- 
der and rebellion, through every part of the world. 

This being a true state of facts, let us beseech you to consider to what end they lead. 

Admit that the ministry, by the powers of Britain, and the aid of our Roman catholick neigh- 
bours, should be able to carry the point of taxation, and reduce us to a state of perfect humiliation 
and slavery: Such an enterprize would doubtless make some addition to your national debt, which 
already presses down your liberties, and fills you with pensioners and placemen. We presume 
also, that your commerce will somewhat be diminished. However, suppose you' should prove 
■victorious, in what condition will you then be ? What advantages or what laurels will you reap from 
such a conquest ? 

May not a ministry with the same armies enslave you I — it may be said you will cease to pay 
them, — but remember the taxes from America, the wealth, and we may add the men, and par- 
ticularly the Roman catholicks of this vast continent, will then be in the power of your enemies ; 
nor will you have any reason to expect, that after making slaves of us, many among us should 
refuse to assist in reducing you to the same abject state. 

Do not treat this as chimerical. — Know that in less than half a century, the quitrents reserved 
to the crown from the numberless grants of this vast continent, will pour large streams of wealth 
in the royal coffers, and if to Oils be added the power of taking America at pleasure, the efown 



124 [1774, Oct.] HISTORICAL NOTES, &c. 

will be rendered independent of you for supplies, and will possess more treasure than may be ne- 
cessary, to purchase the remains of liberty in your island. — In a word, take care that you do not 
fall into the pit that is preparing for us. 

We believe there is yet much virtue, much justice, and much publick spirit in the English na- 
tion. — To that justice we now appeal. You have been told that we are seditious, impatient of gov- 
ernment, and desirous of independency. Be assured, that these are not facts, but calumnies. — Per- 
mit us to be as free as yourselves, and we shall ever esteem a union with you to be our greatest 
glory and our greatest happiness, we shall ever be ready to contribute all in our power to the wel- 
fare of the empire, — we shall consider your enemies as our enemies, and your interest as our own. 

But if you are determined that your ministers, shall wantonly sport with the rights of mankind, 
—if neither the voice of justice, the dictates of the law, the principles of the constitution, or the 
suggestions of humanity, can restrain your hands from shedding human blood in such an impious 
cause ; we must then tell you, that we will never submit to be hewers of wood or drawers of wa- 
ter, for any ministry or nation in the world. 

Place us in the same situation that we were at the close of the last war, and our former harmo- 
ny will be restored. 

But lest the same supineness and the same inattention to our common interest, which you have 
for several years shown, should continue, we think it prudent to anticipate the consequences. 

By the destruction of the trade of Boston, the ministry have endeavoured to induce submission 
to their measures. The like fate may befall us all. We will endeavour therefore to live without 
trade, and recur for subsistence to the fertility and bounty of our native soil, which will afford 
us all the necessaries and some of the conveniences of life. We have suspended our importation 
from Great Britain, and Ireland; and in less than a year's time, unless our grievances should 
be redressed, shall discontinue our exports to those kingdoms and the West Indies. 

It is with the utmost regret however, that we find ourselves compelled by the over-ruling prin- 
ciples of self-preservation, to adopt measures detrimental in their consequences to numbers of 
our fellow subjects in Great Britain and Ireland: But we hope, that the magnanimity and jus- 
tice of the British nation, will furnish a parliament of such wisdom, independence, and publick 
spirit, as may save the violated rights of the whole empire, from the devices of wicked ministers 
and evil counsellors, whether in or out of office ; and thereby restore that harmony, friendship, and 
fraternal affection, between all the inhabitants, of his majesty's kingdoms and territories, so ardently 
wished for by every true and honest American. — 

[Oct. 21.] As Another of the means to produce a restoration of rights &c. the same com* 
mittee (Mr. Lee, Mr. Livingston, Mr. Jay.) pursuant to their appointment on the 19th, reported 
" a memorial to the inhabitants of the colonies" &c. It was considered and debated on the 
20tb, and again on this day, and approved, and is as follows: 

MEMORIAL, &c. 

To the INHABITANTS of the COLONIES of New Hampshire, Massachusetts bay, Rhode 
Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
the counties of New Castle, Kent, and Sussex, on Delaware, Maryland, Virginia, North Car- 
olina, and South Carolina. 

Friends and Countrymen, 
We, the DELEGATES appointed by the good people of these colonies to meet at Philadel- 
phia in September last, for the purposes mentioned by our respective constituents, have, in pursu- 
ance of the trust reposed in us, assembled, and taken into our most serious consideration, the im- 
portant matters recommended to the congress. Our resolutions thereupon will be herewith com- 
municated to you. But as the situation of publick affairs grows daily more and more alarming; 
and as it may be more satisfactory to you to be informed by us in a collective body, than in any- 
other manner, of those sentiments that have been approved, upon a full and free discussion, by 
the representatives of so great a part of America, we esteem ourselves obliged to add this address 
to these resolutions. 

In every case of opposition by a people to their rulers, or of one state to another ; duty to Al- 
mighty God, the Creator of all, requires that a true and impartial judgment be formed of the 
measures leading to such opposition, and of the causes by which it has been provoked, or can in 
any degree be justified j that neither affection on the one hand, nor resentment oh the other, be- 
ing permitted to give a wrong bias to reason, it may be enabled to take a dispassionate view of all 
circumstances, and to settle the publick conduct on the solid foundations of wisdom and justice. i 






[1774, Oct.] HISTORICAL NOTES, &c. 185 

From councils thus tempered, arise the surest hopes of the Divine favour, the firmest encour- 
agement to the parties engaged, and the strongest recommendation of their cause to the rest 
of mankind. 

With minds deeply impressed by a sense of these truths, we have diligently, deliberately, and 
calmly inquired into, and considered those exertions, both of the legislative and executive power 
of Great Britain, which have excited so much uneasiness in America, and have with equal fidel- 
ity and attention, considered the conduct of the colonies. Upon the whole, we find ourselves redu- 
ced to the disagreeable alternative, of being silent and betraying the innocent, or of speaking out 
and censuring those we wish to revere. In making our choice of these distressing difficulties, we 
prefer the course dictated by honesty, and a regard for the welfare of our country. 

Soon after the conclusion of the late war, there commenced a memorable change in the treat- 
ment of these colonies. By a statute made in the fourth year of the present reign, a time of pro- 
found peace, alledging, " the expediency of new provisions and regulations for extending the 
commerce between Great Britain and his majesty's dominions in America, and the necessity of 
raising- a revenue in the said dominions for defraying the expenses of defending, protecting, and 
securing the same," (l)the commons of Great Britain undertook to give and grant to his majesty 
many rates and duties, to be paid in these colonies. To enforce the observance of this act, U 
prescribes a great number of severe penalties and forfeitures ; and in two sections, makes a re- 
markable distinction between the subjects in Great Britain, and those in America. By the one, 
the penalties and forfeitures incurred there, are to be recovered in any of the king's courts of 
record at Westminster, or in the court of exchequer in Scotland; and by the other, the penalties 
and forfeitures incurred here, are to be recovered in any court of record, or in any court of Ad' 
miralty or vice admiralty, at the election of the informer or prosecutor. 

The inhabitants of these colonies, confiding in the justice of Great Britain, were scarcely al- 
lowed sufficient time to receive and consider this act, before another, well known by the name 
of the stamp act, and passed in the fifth year of this reign, engrossed their whole attention. (*) 
By this statute the British parliament, exercised in the most explicit manner a power of taocing 
■us, and extending the jurisdiction of courts of admiralty and vice admiralty in the colonies, to 
matters arising within the body of a county ; and directed the numerous penalties and forfeitures 
thereby inflicted, to be recovered in the said courts. 

In the same year a tax was imposed on us, by an act establishing several new fees in the cus- 
toms. (3) In the next year the stamp act was repealed ; not because it was founded in an errone- 
ous principle, but as the repealing act recites, because " the continuance thereof would be attended 
with many inconveniencies, and might be productive of consequences greatly detrimental to the 
commercial interests of Great Britain." 

In the same year, and by a subsequent act it was declared, " that his majesty in parliament, of 
light, had power to bind the people of these colonies by statutes, in all cases -ivhatsoever" 

In the same year another act was passed, for imposing rates and duties payable in these colo- 
nies. (4) In this statute the commons, avoiding the terms of giving and granting, " humbly be- 
sought his majesty that it might be enacted, Sec." But from a declaration in the preamble, that 
the rates and duties were " in lieu of " several others granted, by the statute first before menti- 
oned, for raising a revenue : and from some other expressions it appears, that these duties were 
intended for that purpose. 

In the next year, [1767] an act was made " to enable his majesty to put the customs and other 
duties in America under the management of commissioners, &c." and the king thereupon erected 
the present expensive board of commissioners, for the express purpose of carrying into execution 
the several acts, relating to the revenue and trade in America. (5) 

After the repeal of the stamp act, having again resigned ourselves to our ancient unsuspicious 
suTections for the parent state, and anxious to avoid any controversy with her, in hopes of a fa- 
vourable alteration in sentiments and measures towards us, we did not press our objections against 
the above mentioned statutes, made subsequent to that repeal. 

Administration, attributing to trifling causes, a conduct that really proceeded from generous 
motives, were encouraged in the same year, [1767] to make a bolder experiment on the patience 
of America. 

9 Stat. 152 4 G. 5. c. 15 Ap. 1764, sugar act. (2) 10 Stat. 18. 5 G. 3. c. 12. Mar. 1765. 
ibid 109. $ G 3. c. 45. s. 27. Mar. 1765. I presume this is the Stat, complained of. 

10 Stat. 269 6 G. 3. c. 52. Mar. 1766. " repeals sugar act of 176b, and grants other dutks 
in'tieu." (5) 10 Stat. 340. 7 Q. 3. e, il.Mar. 1767 

16 



i2$ [Iff 4, Oct.] HISTORICAL NOTES, &c. 

By a statute commonly called the Glass, Paper, and Tea act, made fifteen months after tl»e 
repeal of the stamp act, the commons of Great Britain resumed their former language, and 
again undertook to " give and grant rates and duties to be paid in these colonies," for the express 
purpose of "raising a revenue, to defray the charges of the administration of justice, the support 
of civil government, and defending the king's dominions," on this continent. (1) The penalties 
and forfeitures, incurred under this statute, are to he recovered in the same manner, with those 
mentioned in the foregoing acts. 

To this statute, so naturally tending to disturb the tranquility then universal throughout the col- 
onies, parliament in the same session, added another no Jess extraordinary. 

Ever since the making the present peace, a standing army has been kept in these colonies. From 
respect for the mother country, the innovation was not only tolerated, but the provincial legisla- 
tures generally made provision for supplying the troops. 

The assembly of the province of JVeio York, having passed an act of this kind, but differing ia 
some articles from the directions of the act of parliament made in the fifth year of this reign ; the 
house of representatives in that colony was prohibited by a statute, made in the last session men- 
tioned, from making any bill, order, resolution, or vote, except for adjourning or choosing a speaker, 
until provision should be made by the said assembly for furnishing the troops within that pro- 
vince, not only with all such necessaries as were required by the statute which they were charged 
with disobeying, but also with those required by two other subsequent statutes, which were de- 
clared to be in force, until the twenty-fourth day of March, 1769. (2) 

These statutes of the year 1767, revived the apprehensions and discontents, that had entirely 
subsided on the repeal of the stamp act ; and amidst the just fears and jealousies thereby occasi- 
oned, a statute was made in the nextyear [1768] to establish courts of admiralty and vice admi- 
ralty on a new model, expressly for the end of more effectually recovering of the penalties and 
forfeitures inflicted by acts of parliament, framed for the purpose of raising a revenue in Amer- 
ica, &C. 

The immediate tendency of these statutes is, to subvert the right of having a share in legislation, 
by rendering assemblies useless ; the right of property, by taking the money of the colonists with- 
out their consent ; the right of trial by jury, by substituting in their place trials in admiralty and 
vice admiralty courts, where single judges preside, holding their commissions during pleasure : 
and unduly to influence the courts of common law, by rendering the judges thereof totally de- 
pendant on the crown for their salaries. 

These statutes, not to mention many others exceedingly exceptionable, compared one with ano- 
ther, will be found, not only to form a regular system, in which every part has great force, but 
also a pertinacious adherence to that system, for subjugating these colonies, that are not, and from 
local circumstances, cannot be represented in the house of commons, to the uncontrolable and 
unlimited power of parliament, in violation of their undoubted rights and liberties, in contempt 
of their humble and repeated supplications. 

This conduct must appear equally astonishing and unjustifiable, when it is considered how un- 
provoked it has been by any behaviour of these colonies. From their first settlement, their bit- 
terest enemies never fixed on any of them a charge of disloyalty to their sovereign, or disaffec- 
tion to their mother country. In the wars she has carried on, they have exerted themselves 
whenever required, in giving her assistance ; and have rendered her services, which she has pub- 
lickly acknowledged to be extremely important. Their fidelity, duty and usefulness during the 
last war, were frequently and affectionately confessed by his late majesty and the present king. 

The reproaches of those who are most unfriendly to the freedom of America, are principally 
levelled against the province of Massachusetts bay; but with what little reason, will appear by 
the following declarations of a person, the truth of whose evidence in their favour, will not be 
questioned. — Governor Bernard thus addresses the two houses of assembly — in his speech on the 
24th of April, 1762, — "The unanimity and dispatch, with which you have complied with the 
Requisitions of his majesty, require my particular acknowledgment And it gives me additi- 
onal pleasure to observe, that you have therein acted under no other influence than a due sense 
of your duty, both as members of a general empire, and as the body of a particular province." 

In another speech on the 27th of May in the same year, he says,— « Whatever shall be the 

(1) 10 Stat. 36§. f G. 3. e. 46. June 1767. see ante 27. (2) 10 Stat. 431. 7 G. 3. c. 49. June 
1767. ante 28. rheZ acts for supplying the troops are 5 G. 3. c. 33. 1765. 6 G.S.c. 18.17G6. 
7 Q. 2. c 55. 1707. These acts are only inserted by their « titles" in the name book. 



[1774, Sep.] HISTORICAL NOTES, &c. H7 

event of the war, it must be no small satisfaction to us, that this province hath contributed its full 
share to the support of it. Every thing that hath been required of it hath been complied -with} 
and the execution of the powers committed to me for raising the provincial troops, hath been as 
full and complete as the grant of them. Never before were regiments so easily levied, so well 
composed, and so early in the field as they have been this year : the common people seemed to 
be animated with the spirit of the general court, and to vie with them in their readiness to serve 
the king." 

Such was the conduct of the people of the Massachusetts bay during the last war. As to their 
behaviour before that period, it ought not to have been forgot in Great Britain, that not only on 
every occasion, they had constantly and cheerfully complied with the frequent royal requisitions — 
but that chiefly by their vigorous efforts, Nova Scotia was subdued in 1710, and Louisburg'va 1745. 
Foreign quarrels being ended, and the domestick disturbances that quickly succeeded on ac- 
count of the stamp act, being quieted by its repeal ; the assembly of Massachusetts bay, transmit- 
ted an humble addresss of thanks to the king and divers noblemen, and soon after passed a bill for 
granting compensation, to the sufferers in the disorder occasioned by that act. 

These circumstances, and the following extracts from governor Bernard's letters in 1768 to 
the earl of Shelburne, secretary of state, clearly show with what grateful tenderness they strove to 
bury in oblivion the unhappy occasion of the late discords, and with what respectful deference 
they endeavoured to escape other subjects of future controversy, " The house (says the gover- 
nor) from the time of opening the session to this day, has shown a disposition to avoid all dispute 
with me : every thing having passed with as much good humour as I could desire, except only 
their continuing to act in addressing the king, remonstrating to the secretary ot state, and em- 
ploying a separate agent. It is the importance of tliis innovation, without any wilfulness of my 
own, which induces me to make this remonstrance at a time when I have a fair prospect of having, 
in all other business, nothing but good to say of the proceedings otthe house." (1) 

"They have acted in all things, even in their remonstrance, -with temper and moderations 
they have avoided some subjects of dispute, and have laid a foundation for removing some causes 
of former altercation." (2) 

" I shall make such a prudent and proper use of this letter as, I hope, will perfectly restore the 
peace and tranquility of this province, for which purpose considerable steps have been made by 
the house of representatives." (3) 

The vindication of the province of Massachusetts bay contained in these letters, will have great- 
er force, if it be considered, that they were written several months after the fresh alarm given to 
the colonies, by the statutes passed in the preceding year. 

In this place it seems proper to take notice of the insinuation af one of those statutes, that th«2 
interferences of parliament was necessary, to provide for "defraying the charge of the admi- 
nistration of justice, the support of civil government, and defending the king's dominions in 
.America." 

As to the two first articles of expense, every colony had made such provision, as by their re- 
spective assemblies, the best judges on such occasions, was thought expedient and suitable to their 
several circumstances : respecting the last, it is well known to all men the least acquainted with 
American affairs, that the colonies were established, and generally defended themselves without 
the least assistance from Great Britain; and that, at the time of her taxing them by the statutes 
before mentioned, most of them were labouring under very heavy debts contracted in the last war. 
So far were they from sparing their money, when their sovereign constitutionally asked their 
aids, that during the course of that war, parliament repeatedly made them compensations for the 
expenses of those strenuous efforts, which, consulting their zeal rather than their strength, they 
had cheerfully incurred. 

Severe as the acts of parliament before mentioned are, yet the conduct of administration hath 
been equally injurious and irritating, to this devoted country. 

Under pretence of governing them, so many new institutions, uniformly rigid and da 
have been introduced, as could only be expected from incensed masters, for collecting the tribu 
or rather the plunder, of conquered provinces. 

By an order of the king, the authority of the commander in chief, and under him of : ' 
gadier-generals, in time of peace, is rendered supreme in all the civil governments in . 

(I) January 21, 1768. (2) January 30, 1768. (3) February 2, 1768. 



138 [1774, Oct.] HISTORICAL NOTES, &c. 



and thus, an uncontrolable military power is vested in officers, not known to the constitution of 
these colonies. 

A large body of troops, and a considerable armament of ships of war, have been sent to assist ia 
taking their money without their consent. 

Expensive and oppressive offices have been multiplied, and the arts of corruption industriously 
practised to divide and destroy. 

The judges of the admiralty and vice admiralty courts, are empowered to receive their salaries 
and fees from the effects to be condemned by themselves. 

The commissioners of the customs are empowered to break open and enter houses, without the 
authority of any civil magistrate founded on legal information. 

Judges of courts of common law, have been made entirely dependant on the crown for then- 
commissions and salaries. (1) 

A court has been established at Rhode Island, for the purpose of taking colonists to England to 
be tried. 

Humble and reasonable petitions from the representatives of the people, have been frequently 
treated with contempt : and assemblies have been repeatedly and arbitrarily dissolved. 

From some few instances, it will sufficiently appear, on what pretences of justice those dissolu- 
tions have been founded. 

The tranquility of the colonies having been again disturbed, as has been mentioned, by the 
statutes of the year 1767, the earl of Hillsborough, secretary of state, in a letter to governor 
Bernard, dated JLpril 22, 1768, censures the "presumption" of the house of representatives for 
"resolving upon a measure or so inflammatory a nature, as that of -writing to the other colonies, 
on the subject of their intended representations against some late acts of parliament" then de- 
clares that "his majesty considers this step as evidently tending to create unwarrantable combina- 
tions, to excite an unjustifiable opposition to the constitutional authority of parliament :" — and 
aftev wards adds, "It is the king , s pleasure, that as soon as the general eourt is again assembled s 
at the time prescribed by the charter, you should require of the house of representatives, in his 
majesty's name, to rescind the resolution which gave birth to the circular letter from the speaker, 
and to declare their disapprobation of and dissent to, that rash and hasty proceeding." 

"If the new assembly should refuse to comply with his majesty's reasonable expectation, it is 
the king's pleasure that you should immediately dissolve them." 

This letter being laid before the house, and the resolution not being rescinded according to 
order, the assembly was dissolved. A letter of a similar nature was sent to other governors, to 
procure resolutions approving the conduct of the representatives of Massachusetts bay, to be 
rescinded also ; and the houses of representatives in other colonies refusing to comply, assemblies 
were dissolved. 

These mandates spoke a language, to which the ears of English subjects had for several gene- 
rations been strangers. The nature of assemblies implies a power and right of deliberation ; but 
these commands, proscx-ibing the exercise of judgment on the propriety of the requisitions made, 
left to the assemblies only the election between dictated submission, and threatened punishment ; 

(I) Having omitted in its proper place, to notice a transaction in the Massachusetts house of 
assembly, relative to the dependence of the judges for their salaries upon the crown, it is here 
inserted. 

" [Feb. 1774. j The house being informed, that each of the judges refused to take more than 
one half of the sum granted them the last year, which they considered as implying on the part 
of the judges, a determination to accept of their support from the crown, resolved : " That it is 
the incumbent duty of the judges explicitly to declare, whether they are determined to receive 
the grants oj the general assembly, or to accept of their support from the crown ,• and their 
delaying any longer to let tliepublick know their determination, will discover that they have little 
or no regard for the peace and welfare of the province : and in such case it will be the indispen- 
sible duty oj the commons of this province, to i?npeach them before the governor and council. 
Four of the judges, in the beginning of February, 1774, acquainted the house they had received 
their whole salary granted them by the general court, and not any part of the grant made by 
the crown, and that they were determined still to receive the grants of the gejicrai assembly, 
which was pronounced satisfactory. But the chief justice, Peter Oliver esq. sent them a letter 
[Feb. 3-3 informing them, That since being upon the bench seventeen years, he had suffered 
above three thousand pounds sterling ; that he had been encouraged not"to resign, with the hope 
of a support, but never had been relieved; that he had taken his majesty's grant from the 5 th of 
July, 1772, to the 5th of January, 1774, and that without his majesty's leave, 'he dare not re- 
fuse it. 

[Feb. 11.] The house resolved, " That Peter Oliver hath by Us conduct, proved himself an 
enemy to the constitution of this province, and is become justly obnoxious to the good people of it; 



[1774, Oct.] HISTORICAL NOTES, &c. 129 

A punishment too, founded on no other act, than such as 19 deemed innocent even in slaves— of 
agreeing in petitions for redress of grievances, that equally affect all. 

The hostile and unjustifiable invasion of the town of Boston, soon followed these events in the 
same year; though that town, the province in which it is situated, and all the colonies, from abhor- 
rence of a contest with the parent state, permitted the execution even of those statutes, against 
which they so unanimously were complaining, remonstrating, and supplicating. 

Administration, determined to subdue a spirit of freedom, which English ministers should have 
rejoiced to cherish, entered into a monopolizing combination with the East India company, to 
send to this continent vast quantities of tea : an article, on which a duty was laid by a statute that, 
in a particular manner, attacked the liberties of America, and which therefore the inhabitants of 
these colonies had resolved uot to import. The cargo sent to South Carolina was stored, and not 
allowed to be sold. Those sent to Philadelphia and New York, were not permitted to be land- 
ed. That sent to Boston was destroyed, because governor Hutchinson would not suffer it to be 
returned. 

On the intelligence of these transactions arriving in Great Britain, the publick spirited town 
last mentioned was singled out for destruction, and it was determined, the province it belongs to 
should partake of its fate. In the last session of parliament therefore, were passed the acts for 
shutting up the port of Boston, indemnifying the murderers of the inhabitants of Massachusetts 
bay, and changing their chartered constitution of government.(l) To enforce these acts, that 
province is again invaded by a fleet and army. 

To mention these outrageous proceedings, is sufficient to explain them. For though it is pre- 
tended, that the province of Massachusetts bay has been particularly disrespectful to Great 
Britain, yet in truth the behaviour of the people in other colonies, has been an equal " opposi- 
tion to the power assumed by parliament." No step however has been taken against any of the 
rest. This artful conduct conceals several designs. It is expected that the province of Massa- 
chusetts bay will be irritated into some violent action, that may displease the rest of the continent, 
or that may induce the people of Great Britain, to approve the meditated vengeance of an im- 
prudent and exasperated ministry. If the unexampled pacifick temper of that province shall 
disappoint this part of the plan, it is hoped the other colonies will be so far intimidated as to desert 
their brethren, suffering in a common cause, and that thus disunited, all may be subdued. 

To promote these designs, another measure has been pursued. In the session of parliament 
last mentioned, an act was passed for changing the government of Quebec, by which act the 
Roman catholick religion, instead of being tolerated, as stipulated by the treaty of peace, is esta- 
blished ; and the people there are deprived of a right to an assembly, trials by jury, and the En- 
glish laws in civil cases are abolished, and instead thereof, the French laws are established, in 
direct violation of his majesty's promise by his royal proclamation, under the faith of which many 
English subjects settled in that province : and the limits of that province are extended so as to 
comprehend those vast regions, that lie adjoining to the northerly and westerly boundaries of these 
colonies. 

(1) " Boston port bill" that for « the more impartial administration of justice" and that for 
«' changing the charter" are here alluded to, see ante pages, 64 to 90. 

that lie might to be removed from the office of chief justice ; and that a remonstrance and petition 
to the governor and council for his immediate removal, be prepared''' — yeas 95 — nays 9. 

£ Feb. 24.] The house prepared to exhibit articles of impeachment, in their own name, and the 
name of all the inhabitants of the province, against the chief justice. Bis excellency excepted 
to the proceedings of the house as unconstitutional ; for which reason he could not give them any 
countenance. 

\jMarch 1.1 They prepared articles of high crimes and misdemeanors against the chief justice, 
to present to his excellency and the council, in which they said, " The salary, and hopes of aug- 
mentation, must have the effect of a continual bribe, and expose him to a violation of his oath. 
His accepting hath betrayed the baseness of his heart and the lust of covetousness, in breach of 
his engagements to rely solely on the grants of the assembly, necessarily implied and involved in 
his accepting said office. By receiving a grant out of the revenue unjustly extorted from tlie 
American colonies, he hath as far as lay in his power, put a sanction on, and established the said 
revenue, counteracted tlie reasonable petitions of the people to his majesty, and in defiance of 
the known sense of the body of this people, hath wickedly endeavoured to increase the discontent 
and jealousies of this people, and the grievance aforementioned." 

[_JMarch 9.3 It was resolved, " That the house have done all that, in the capacity of represen- 
tatives, can be done for the removal of Peter Oliver ; and it must be presumed, that the gover- 
nor's refusing to take any measure therein, is because he also receives his support from the 
xtotmi." See ante, 34, 44. 



130 [1774, Oct.] HISTORICAL NOTES, &c» 

The authors of this arbitrary arrangement flatter themselves, that the inhabitants, deprived o£ 
liberty, and artfully provoked against those of another religion, will be proper instruments for 
assisting in the oppression of such, as differ from them in modes of government and faith. 

From the detail of facts herein before recited, as well as from authentick intelligence received^ 
it is clear beyond a doubt, that a resolution is formed and now carrying into execution, to extin- 
guish the freedom of these colonies, by subjecting them to a despotick government. 

At this unhappy period, we have been authorized and directed to meet and consult together for 
the welfare of our common country. We accepted the important trust with diffidence, but have 
endeavoured to discharge it with integrity. Though the state of these colonies would certainly 
justify other measures than we have advised, yet weighty reasons determined us to prefer those 
which we have adopted. In the first place, it appeared to us a conduct becoming the character 
these colonies have ever sustained, to perform, even in the midst of the unnatural distresses and 
imminent dangers that surround them, every act of loyalty ; and therefore, we were induced once 
more to offer to his majesty, the petitions of his faithful and oppressed subjects in America. 
Secondly, regarding with the tender affection, which we know to be so universal among our coun- 
trymen, the people of the kingdom from which we derive our origin, we could not forbear to 
regulate our steps by an expectation of receiving full conviction, that the colonists are equally 
dear to them. Between these provinces and that body, subsists the social band which we ardently 
wish may never be dissolved, and which cannot be dissolved, until their minds shall become indis- 
putably hostile, or their inattention shall permit those who are thus hostile, to persist in prosecuting 
with the powers of the realm, the destructive measures already operating against the colonists, 
and in either case, shall reduce the latter to such a situation, that they shall be compelled to re- 
nounce every regard, but that of self-preservation. Notwithstanding the violence with which 
affairs have been impelled, they have not yet reached that fatal point. We do not incline to acce- 
lerate their motion, already alarmingly rapid ; we have chosen a method of opposition, that does 
not preclude a hearty reconciliation with our fellow citizens, on the other side of the Atlantick. 
We deeply deplore the urgent necessity, that presses us to an immediate interruption of com- 
merce, that may prove injurious to them. We trust they will acquit us of any unkind intention 
towards them, by reflecting, that we are driven by the hands of violence into inexperienced and 
unexpected publick convulsions, and that we are contending for freedom, so often contended for 
by our ancestors. 

The people of England will soon have an opportunity of declaring their sentiments concerning 
our cause. In their piety, generosity, and good sense, we repose high confidence ; and cannot s 
upon a review of past events be persuaded, that they, the defenders of true religion, and the as- 
serters of the rights of mankind, will take part against their affectionate protestant brethren in 
the colonies, in favour of our open and their own secret enemies, whose intrigues, for several 
years past, have been wholly exercised in sapping the foundations of civil aad religious liberty. 

Another reason, that engaged us to prefer the commercial mode of opposition, arose from an 
assurance, that the mode will prove efficacious, if it be persisted in with fidelity and virtue; and 
that your conduct will be influenced by these laudable principles, cannot be questioned. Your 
own salvation, and that of your posterity, now depends upon yourselves. You have already shown, 
that you entertain a proper sense of the blessings you are striving to retain. Against the tempora- 
ry inconveniencies you may suffer from a stoppage of trade, you will weigh in the opposite bal- 
ance, the endless miseries you and your descendants must endure, from an established arbitrary 
power. You will not forget the honour of your country, that must from your behaviour, take its 
title in the estimation of the world, to glory, or to shame ; and you will, with the deepest atten- 
tion reflect, that if the peaceable mode of opposition recommended by us be broken and rendered 
ineffectual, as your cruel and haughty ministerial enemies, from a contemptuous opinion of your 
firmness, insolently predict will be the case, you must inevitably be reduced to choose, either a 
more dangerous contest, or a final ruinous and infamous submission. 

Motives thus cogent, arising from the emergency of your unhappy condition, must excite your 
utmost diligence and zeal, to give all possible strength and energy to the pacifick measures calcula- 
ted for your relief: but we think ourselves bound in duty to observe to you, that the schemes 
agitated against these colonies have been so conducted, as to render it prudent, that you should 
extend your views to mournful events, and be in all respects prepared for every contingency a 
Above all things, we earnestly intreat you, with devotion of spirit, penitence of heart, and amend- 
ment of life, to humble yourselves and implore the favour of Almighty Gob; aad we fervently 
beseech His divine goodness, to take you into His gracious protection. 



[17T4, Oct.] HISTORICAL NOTES, &c. 331 

On this day [ Oct. 21.] Congress resolved : 

That an address be prepared to the people of Quebec, and letters to the colonies of St John's, 
Nova Scotia, Georgia, East and West Florida, who have not deputies to represent them in this 
congress ; and that Mr. CusMng, Mr. Lee, and Mr. Dickinson, be a committee, to prepare the 
above address and letters. 

It was further resolved ; 

That the seizing, or attempting to seize any person in America, in order to transport suek 
person beyond the sea, for trial of offences committed within the body of a county in America, 
being against law, will justify, and ought to meet with resistance and reprisal. 

[Ort. 22.] On this day resolved; 

As the opinion of this congress, that it will be necessary, that another congress should be held 
on the tenth day of May next, unless the redress of grievances, which we have desired, be obtain- 
ed before that time. — And we recommend that the same be held at the city of Philadelplda, 
and that all the colonies in North America choose deputies, as soon as possible, to attend such 
congress.(l) 

The committee, (Mr. Cushing, Mr. Lee, Mr. Dickinson,') to prepare a letter to the colonies 
of St. Johns, Nova Scotia, Georgia, and East and West Florida, reported a draft which was agreed 
to as follows : 

LETTER, Sic. 

Philadelplda, Oct. 22, ITU. 

" GeNTIEMHIT, 

" THE present critical and truly alarming state of American affairs, having been considered 
in a general congress of deputies from the colonies of New Hampshire, Massachusetts bay, Rhode 
Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Newcas- 
tle Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, and South Carolina, 
•with that attention and mature deliberation, which the important nature of the case demands ,• 
they have determined, for themselves and the colonies they represent, on the measures contained 
in the enclosed papers ; -which measures they recommend to your colony to be adopted, -with all the 
earnestness that a -well directed zeal for American liberty can prompt. 

(( So rapidly violent and unjust, has been the late conduct of the British administration against 
the colonies, that either a base and slavish submission, under the loss of their ancient, just, and 
constitutional liberty, must quickly take place, or an adequate opposition be formed. 

« We pray God to take you under his protection, and to preserve the freedom and happiness of 
the -whole British empire. 

By order of the congress. 

HENRY MIDDLETONjjDresjdeMf." 

The same committee had been appointed on the 21st, to prepare " an address to the people of 
Quebec." — 
On the 24th they reported a draft ; — 
[Oct. 26.] It was approved, and is as follows :— 

ADDRESS te the INHABITANTS of the province of QUEBEC. 

« Friends and fellow subjects, 

«' We the beeegates of the colonies of New Hampshire, Massachusetts bay, Rhode Island 
and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, the counties 
of New Castle Kent and Sussex on Delaware, Maryland, Virginia, North Carolina, and South 
Carolina, deputed by the inhabitants of the said colonies, to represent them in a general congress 
at PMladelphia, in the province of Pennsylvania, to consult together concerning the best methods 
to obtain redress of our afflicting grievances ; having accordingly assembled, and taken into our most 
serious consideration, the state of publick affairs on this continent, have thought proper to address 
your province, as a member therein deeply interested. 

When the fortune of war, after a gallant and glorious resistance, had incorporated you with the 
body of English subjects, we rejoiced in the truly valuable addition, both on our own and your 
account ; expecting, as courage and generosity are naturally united, our brave enemies would be- 
come our hearty friends : that the Divine Being would bless to you the dispensations of His over- 

(1) The hon. Henry Middleton, was this day chosen president of corigress, in the place of the 
lion. PeytQa Randolph, -»Ao twjs unable from indisposition to attend. 



132 11774, Oct.] HISTORICAL NOTES, &c. 

ruling Providence, by securing to you and your latest posterity, the inestimable advantages of 
a free English constitution of government, which it is the privilege of all English subjects to 
enjoy. 

These hopes were confirmed by the king's proclamation, issued in the year 1763, plighting the 
publick faith for your full enjoyment of those advantages. 

Little did we imagine, that any succeeding ministers would so audaciously and cruelly abuse the 
royal authority, as to withhold from you the fruition of the irrevocable rights, to which you were 
thus justly entitled. 

But since we have lived to see the unexpected time, when ministers of this flagitious temper, 
have dared to violate the most sacred compacts and obligations, and as you, educated under ano- 
ther form of government, have artfully been kept from discovering the unspeakable worth, of that 
form you are now undoubtedly entitled to, we esteem it our duty, for the weighty reasons herein- 
after mentioned, to explain to you some of its most important branches. 

" In every human society," says the celebrated marquis Beccaria, " there is an effort continu- 
ally tending to confer on one part the heigth of power and happiness, and to reduce the other to 
the extreme of weakness and misery. The intent of good laws is to oppose this effort, and to dif- 
fuse their influeuce universally and equally." 

Rulers stimulated by this pernicious "effort," and subjects, animated by the just " intent of op- 
posing good laws against it," have occasioned that vast variety of events, that fill the histories of so 
many nations. All these histories demonstrate the truth of this simple position, that to live by the 
will of one man, or set of men, is the production of misery to all men. 

On the solid foundation of this principle, Englishmen reared up the fabrick of their constitution 
with such a strength, as for ages to defy time, tyranny, treachery, internal and foreign wars : And, 
as an illustrious author (1) of your nation, hereafter mentioned, observes,— " They gave the 
people of their colonies, the form of their own government, and this government carrying pros- 
perity along with it, they have grown great nations in the forests they were sent to inhabit." 

In this form the first grand right is, that of the people having a share in their own government 
by their representatives chose by themselves, and in consequence, of being ruled by laws which 
they themselves approve, not by edicts of men over whom they have no control. This is a bul- 
wark surrounding and defending their property, which by their honest cares and labours they 
have acquired, so that no portions of it can legally be taken from them but with their own full and 
free consent, when they in their judgment deem it just and necessary to give them for publick 
services, and precisely direct the easiest, cheapest, and most equal methods, in which they shall 
be collected. 

The influence of this right extends still farther. If money is wanted by rulers who have in 
any manner oppressed the people, they may retain it, until their grievances are redressed ; and 
thus peaceably procure relief, without trusting to despised petitions, or disturbing the publick 
tranquility. 

The next great right is, that oF trial by jury. This provides, that neither life, liberty, nor pro- 
perty, can be taken from the possessor, until twelve of his unexceptionable countrymen and peers 
of his vicinage, who from that neighbourhood, may reasonably be supposed to be acquainted with 
his character and the characters of the witnesses, upon a fair trial, and full inquiry face to face in 
open court, before as many of the people as choose to attend, shall pass their sentence upon oath 
against him ; a sentence that cannot injure him without injuring their own reputation, and pro- 
bably their interest also, as the question may turn on points that, in some degree, concern the 
general welfare; and if it does not, their verdict may form a precedent that, on a similar trial of 
their own, may militate against themselves. 

Another right relates merely to the liberty of the person. If a subject is seized and imprisoned, 
though by order of government, he may by virtue of this right, immediately obtain a writ termed 
a Habeas Corpus, from a judge, whose sworn duty it is to grant it, and thereupon procure any 
illegal restraint to be quickly inquired into, and redressed. 

A fourth right is, that of holding lands by the tenure of easy rents, and not by rigorous and op- 
pressive services, frequently forcing the possessors from their families and their business, to per- 
form what ought to be done, in all well regulated states, by men hired for the purpose. 

The last right we shall mention, regards the freedom of the press. The importance of this con- 
cists, besides the advancement of truth, science, morality, and arts in general, in its diffusion of 

(I) Montesquieu. 



[1774, Oct.] HISTORICAL NOTES, &c. 133 

liberal sentiment? on the administration of government, its ready communication of thoughts be- 
tween subjects, and its consequential promotion of union among them, whereby oppressive officers 
are shamed or intimidated, into more honourable and just modes of conducting aftairs. 

These are the invaluable rights, that form a considerable part of our mild system of govern- 
ment; that, sending its equitable energy through all ranks and classes of men, defends the poor 
from the rich, the weak from the powerful, the industrious from the rapacious, the peaceable from 
the violent, the tenants trom the lords, and all from their superiors. 

These are the rights, without which a people cannot be free and happy, and under the protect- 
ing and encouraging influence of which, these colonies have hitherto so amazingly flourished and 
increased. These are the rights, a profligate ministry are now striving, by force of arms, to ravish. 
from us, and which we are, with one mind, resolved never to resign but -with our lives. 

These are the rights you are entitled to, and ought at this moment in perfection to exercise, 
And what is offered to you by the late act of parliament in their place — liberty of conscience in, 
your religion ? No. God gave it to you ; and the temporal powers with which you have been and 
are connected, firmly stipulated for your enjoyment of it. If laws, divine and human, could secure- 
it against the despotick caprices of wicked men, it was secured before. Are the French laws in 
civil cases restored ? It seems so. But observe the cautious kindness of the ministers, who pretend 
to be your benefactors. The words of the statute are— that those " laws shall be the rule, until thej- 
shall be varied or altered by any ordinances of the governor and council." Is the " certainty and 
lenity of the criminal law of England and its benefits and advantages," commended in the said 
statute, and said to "have been sensibly felt by you," secured to you and your descendants? No. 
They too are subjected to arbitrary " alterations" by the governor and council ; and a power is 
expressly reserved, of appointing " such courts of criminal, civil, and ecclesiastical jurisdiction, as 
shall be thought proper." Such is the precarious tenure of mere -will, by which you hold youc, 
lives and religion. The crown and its ministers, are empowered as far as they could be by parlia- 
ment, to establish even the inquisition itself among you. Have you an assembly composed o£ 
worthy men elected by yourselves, and in whom you can confide to make laws for you, to watch 
over your welfare, and to direct in what quantity and in what manner, your money shall be taken 
from you ? No. The power of making laws for you is lodged in the governor and council, all o£ 
them dependant upon, and removeable at thepleasure of a minister. Besides, another late statute, 
made without your consent, has subjected you to the impositions of excise ; the horror of all free 
states ; thus wresting your property from you by the most odious of taxes, and laying open to in- 
solent tax-gatherers, houses, the scenes of domestick peace and comfort, and called the castles of 
English subjects in the books of their law. And in the very act for altering your governnment, 
and intended to flatter you, you are not authorised to " assess, levy or apply any rates and taxes, 
but for the inferior purposes of making roads, and erecting and repairing p ublich buildings, or 
for other local conveniances within your respective towns and districts." Why this degrading 
distinction ? ought not the property honestly acquired by Canadians to be held as sacred as that 
of Englishmen ? have not Canadians sense enough to attend to any other publick aftairs, than ga- 
thering stones from one place and piling them up in another ? Unhappy people ! who are not only 
injured, but insulted : nay more ! — with such a superlative contempt of your understanding and 
spirit, has an insolent ministry presumed to think of you, our respectable fellow-subjects, according 
to the information we have received, as firmly to persuade themselves that your gratitude for the 
injuries and insults they have recently offered to you, will engage you to take up arms, and render 
yourselves the ridicule and detestation of the world, by becoming tools in their hands to assist 
them in taking that freedom from us, which they have treacherously denied to you ; the unavoida- 
ble consequence of which attempt, if successful, would be the extinction of all hopes of you or 
your posterity being ever restored to freedom : for idiocy itself cannot believe, that, when their 
drudgery is performed, they will treat you with less cruelty than they have us, who are of the 
same blood with themselves. 

What would your countryman, the immortal Montesqideu, have said to such a plan of domina« 
tion as has been framed for you ? hear his words, with an intenseness of thought suited to the 
importance of the subject. — "In a free state, every man, who is supposed a free agent, ought to 
be concerned in his own government ; therefore the legislative should reside in the whole body 
of the people, or their representatives." — " The political libei-ty of the subject is a tranquility of 
■mind, arising from the opinion each person has of his safety. In order to have this liberty, it 
is requisite the government be so constituted, as that one man need not be afraid of another. 
When the power of making laws and the power of executing them, are united in the same 

17 



134 L1774, Ocil HISTORICAL NOTES, &c. 



person, or in the same body of magistrates^ there can be no liberty ; because apprehensions may 
arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyran- 
nical manned. 

" The power of judging should be exercised by persons taken from the body of the people, at 
certain times of the year, and pursuant to a form and manner prescribed by law. There is no 
liberty, if the power of judging be not separated from the legislative and executive powers." 

"Military men belong to a profession, which may be useful, but is ojten dangerous." — "The 
enjoyment of liberty, and even its support and preservation, consists in every man's being allowed 
to speak his thoughts, and lay open his sentiments." 

Apply these decisive maxims, sanctified by the authority of a name -which all Europe reveres, 
to your own state. You have a governor, it may be urged, vested with the executive powers, or 
Ihe powers of administration : In him, and in your council, is lodged the power of making laws. 
You have judges, who are to decide every cause affecting your lives, liberty or property. Herer 
is, indeed, an appearance of the several powers being separated and distributed into different 
hands, for checks one upon another; the only effectual mode ever invented by the wit of men, 
to promote their freedom and prosperity. But scorning to be illuded by a tinselled outside, and 
exerting the natural sagacity of Frenchmen, examine the specious device, and you will find it, 
to use an expression of Holy Writ, " a wliited sepulchre," for burying your lives, liberty, and 
property. 

Your judges, and your legislative council, as it is called, are dependant on your governor, and 
he is dependant on the servant of the crown in Great Britain. The legislative, executive, and 
judging powers, are all moved by the nods of a minister. Privileges and immunities last no 
longer than his smiles. When he frowns, their feeble forms dissolve. Such a treacherous inge- 
nuity has been exerted in drawing up the code lately offered you, that every sentence, beginning 
•with a benevolent pretension, concludes with a destructive power ; and the substance of the whole s 
divested of its smooth words is — that the crown and its ministers shall be as absolute throughout 
your extended province, as the despots of Jlsia or Jlfrica. What can protect your property from 
taxing edicts, and the rapacity of necessitous and cruel masters — your persons from letters dc 
tatchet, gaols, dungeons, and oppressive services— your lives and general liberty from arbitrary 
and unfeeling rulers ? we defy you, casting your view upon every side, to discover a single cir- 
cumstance, promising from any quarter the faintest hope of liberty to you or your posterity, but 
from an entire adoption into the union of these colonies. 

What advice would the truly great man before mentioned, that advocate of freedom and hu- 
manity, give you, was he now living, and knew that we, your numerous and powerful neighbours, 
ani> vated by a just love of our invaded rights, and united by the indissoluble bands of affection and 
interest, called upon you, by every obligation of regard few yourselves and your children, as wc 
now do, to join us in our righteous contest, to make common cause with us therein, and take a 
noble chance for emerging from a humiliating subjection under governors, intendants, and mili- 
tary tyrants, into the firm rank and condition of English freemen, whose custom it is, derived 
from their ancestors, to make those tremble, -who dare to think of making them miserable ? 

Would not this be the purport of his address ? " seize the opportunity presented to you by Pro- 
vidence itself. You have been conquered into liberty, if you act as you ought. This work is not 
of man. You are a small people compared to those who, with open arms invite you into a fellow- 
ship. A moment's reflection should convince you, which will be most for your interest and happi- 
ness, to have all the rest of JYorth America your unalterable friends, or your inveterate enemies. 
The injuries of Boston have roused and associated every colony, from Nova Scotia to Georgia. 
Your province is the only link wanting to complete the bright and strong chain of union. Nature 
has joined your country to theirs. Do you join your political interests. For their own sakes, 
they never will desert or betray you. Be assured, that the happiness of a people inevitably 
depends on Iheir liberty, and their spirit to assert it. The value and extent of the advantages 
tendered to you are immense. Heaven grant you may not discover them to be blessings, after 
they have bid you an eternal adieu." 

We are too well acquainted with the liberality of sentiment distinguishing your nation, to ima- 
gine, that difference of religion will prejudice you against a hearty amity with us. You know, that 
the transcendant nature of freedom elevates those who unite in her cause, above all such low 
minded infirmities. The Swiss cantons furnish a memoriable proof of this truth. Their union is 
•omposed of Roman catholick and Protestant states, Hying in the utmost concord and peace -with 



[1774, Oct.] HISTORICAL NOTES, &c U$ 

one another, and thereby enabled, ever since they bravely vindicated their freedom, to defy and 
defeat every tyrant that has invaded them. 

Should there be any among you, as there generally are in all societies, who prefer the favours 
of ministers and their own private interests, to the welfare of their country ; the temper of such 
selfish persons will render them, incredibly active in opposing all publick-spirited measures, from 
an expectation of being well rewarded for their sordid industry by their superiors; but we doubt 
not you will be upon your guard against such men, and not sacrifice the liberty and happiness 
of the whole Canadian people and their posterity, to gratify the avarice and ambition of in- 
dividuals. 

We do not ask you, by this address, to commence acts of hostility against the government of 
our common sovereign. We only invite you to consult your own glory and welfare, and not to 
suffer yourselves to be inveigled or intimidated by infamous "ministers, so far, as to become the 
instruments of their cruelty and despotism; but to unite with us in one social compact, formed ou 
the generous principles of equal liberty, and cemented by such an exchange of beneficial and en- 
dearing offices, as to render it perpetual. In order to complete this highly desirable union, we 
submit it to your consideration, whether it may not be expedient for you to meet together in your 
several towns and districts, and elect deputies who, afterwards meeting in a provincial congress, 
may choose delegates to represent your province in the continental congress, to be held at Phila- 
delphia on the tenth day of May, 1775. 

In this present congress, beginning on the fifth of the last month and continued to this day, it 
has been with universal pleasure and an unanimous vote, Resolved, That we should consider the 
>iolation of your rights, by the act for altering the government of your province, as a violation of 
our own ; and that you should be invited to accede to our confederation, which has no other objects, 
than the perfect security of the natural and civil rights of all the constituent members, according 
to their respective circumstances, and the preservation of a happy and lasting connexion with 
Great Britain, on the salutary and constitutional principles herein before mentioned. For effect- 
ing these purposes, we have addressed an humble and loyal petition to his majesty, praying relief 
of our and your grievances; and have associated to stop all importations from Great Britain and 
Ireland, after theirs? day of December, and all exportation to those kingdoms and the West 
Indies after the tenth day of next September, unless the said grievances are redressed. 

That Almighty God may incline your minds to approve our equitable and necessary measures, 
to add yourselves to us, to put your fate, whenever you suffer injuries which you are determin- 
ed to oppose, not on the small influence of your single province, but on the consolidated powers of 
North America ; and may grant to our joint exertions an event as happy as our cause is just, is the 
fervent prayer of us, your sincere and affectionate friends and fellow subjects. 

By order of the Congress. 

HENRY MIDDLETON, president. 

It was then resolved, That the address of the congress to the people of Quebec be signed by 
the president, and that the delegates of the province of Pennsylvania superintend the translating, 
printing, publishing, and dispersing it : and it is recommended by the congress to the delegates of 
New Hampsldre, Massachusetts bay, and New Fork, to assist in and forward the dispersion of 
the said address. 

Another of the "means," adopted to obtain a restoration of rights, was an "address to the king." 

On the 1st of Oct. it had been unanimously resolved, — That a loyal address to his majesty be 
prepared, dutifully requesting the royal attention, to the grievances that alarm and distress his 
majesty's faithful subjects in North America, and entreating his majesty V gracious interposition 
for the removal of such grievances ; thereby to restore between Great Britain and the colonies 
that harmony, so necessary to the happiness of the British empire, and so ardently desired by 
all America ; and that Mr. Lee, Mr. J. Adams, Mr. Johnson, Mr. Henry, and Mr. Rutledge, 
should be the committee, to prepare " an address to his majesty." 

On the 3d of Oct. it was hesolved, That it be an instruction to the committee who are ap- 
pointed to draw up an address to the king. — Whereas parliamentary taxes on America have been 
laid, on pretence of "defraying the expenses of government, and supporting the administration of 
justice, and defending, protecting, and securing the colonies."— That they do assure his majes- 
ty, that the colonies have or will make, ample provision for defraying all the necessary expenses 
of supporting government, and the due administration of justice in the respective colonies ; that 
the militia, if put on a proper foQtmj, would be amply sufficient for their defence ia time of 



136 [1774, Oct.] HISTORICAL NOTES, &c. 

peace ; that they are desirous of putting it on such a footing immediately, and that in case of war, 
the colonies are ready to grant supplies for raising any further forces that may be necessary. 

And on the 5th of Oct. That the committee appointed to prepare an address to his majesty, 
be instructed to assure his majesty, that in case the colonies shall be restored to the state they 
were in, at the close of the late war, by abolishing the system of laws and regulations — for raising 
a revenue in America — for extending the powers of courts of admiralty — for the trial of persons 
beyond sea for crimes committed in America — for affecting the colony of the Massachusetts 
bay — and for altering the government, and extending the limits of Canada ; the jealousies which 
have been occasioned by such acts and regulations of parliament will be removed, and commerce 
again restored. 

On the 21st Oct. the committee reported an " address," which was read and recommitted, 
and Mr. Dickinson, (who had taken his seat on the 17th Oct.) was added to the committee. 

On the 24th Oct. they reported a draft: 

[Oct. 25.] "The address to the king" was debated by paragraphs, and after some amend- 
ments, adopted as follows.(l) 

« The PETITION of CONGRESS, to the KING'S most excellent majesti. 
Most gracious sovereign. 

We your majesty's faithful subjects of the colonies of JVew Hampshire, Massachusetts bay, 
Rhode Island and Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, 
the counties of Newcastle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, 
and South Carolina ; in behalf of ourselves and the inhabitants of these colonies, who have deputed 
us to represent them in general congress, by this our humble petition beg leave to lay our griev- 
ances before the throne. 

A standing army has been kept in these colonies, ever since the conclusion of the late war, with- 
out the consent of our assemblies ; and this army with a considerable naval armament, has been 
employed to enforce the collection of taxes. 

The authority of the commander in chief, and under him of the brigadiers-general has, in time 
of peace, been rendered supreme in all the civil governments in America. 

The commander in chief of all your majesty's forces in North America has, in time of peace, 
been appointed governor of a colony. 

* The charges of usual offices have been greatly increased ; and new, expensive, and oppressive 
offices have been multiplied. 

The judges of admiralty and vice admiralty courts, are empowered to receive their salaries and 
fees from the effects condemned by themselves. 

The officers of the customs are empowered to break open and enter houses, without the author- 
ity of any civil magistrate founded on legal information. 

The judges of courts of common law have been made entirely dependant on one part of the le- 
gislature for their salaries, as well as for the duration of their commissions. 

Councillors holding their commissions during pleasure, exercise legislative authority. 

Humble and reasonable petitions from the representatives of the people, have been fruitless. 

The agents of the people have been discountenanced, and governors have been instructed to 
prevent the payment of their salaries. 

Assemblies have been repeatedly and injuriously dissolved. 

Commerce has been burdened with many useless and oppressive restrictions. 

By several acts of parliament, made in the fourth, fifth, sixth, seventh, and eighth years of your 
majesty's reign, duties are imposed on us for the purpose of raising a revenue ; and the powers of 
admiralty and vice admiralty courts are extended beyond their ancient limits, whereby our pro- 
perty is taken from us without our consent, the trial by jury in many civil cases is abolished, enor- 
mous forfeitures are incurred for slight offences, vexatious informers are exempted from paying 
damages to which they are justly liable, and oppressive security is required from owners before 
they are allowed to defend their right. 

Both houses of parliament have resolved, that colonists may be tried in England for offences 
alledged to have been committed in America by virtue of a statute passed in the thirty-fiftli 
year of Henry the eighth ; and in consequence thereof, attempts have been made to enforce that 
statute. 

(1) Mr. Marshall in a note observes, " that the original composition of this admirably Well 
drawn, and truly conciliatory address, has been generally attributed to Mr. Lee." 



[1774, Oct.] HISTORICAL NOTES, &c. 137 

A statute was passed in the twelfth year of your majesty's reign, directing, that persons char- 
ged with committing any offence therein described, in any place out of the realm, may be in- 
dicted and tried for the same in any shire or county within the realm, whereby inhabitants of 
these colonies may, in sundry cases by that statute made capital, be deprived of a trial by their 
peers of the vicinage. 

In the last session of parliament, an act was passed for blocking up the harbour of Boston; 
another empowering the governor of the Massachusetts bay to send persons indicted for murder 
in that province to another colony, or even to Great Britain for trial, whereby such offenders 
may escape legal punishment ; a third for altering the chartered constitution of government in 
that province ; and a fourth for extending the limits of Quebec, abolishing the English and resto- 
ring the Fre?ich laws, whereby great numbers of British freemen are subjected to the latter ; and 
establishing an absolute government and the Roman catholick religion, throughout those vast re- 
gions that border on the westerly and northerly boundaries, of the free protestant English set- 
tlements ; and a fifth for the better providing suitable quarters for officers and soldiers, in his ma- 
jesty's service in North America. 

To a sovereign who glories in the name of Briton ; the bare recital of these acts must, we pre- 
sume, justify the loyal subjects who fly to the foot of his throne, and implore his clemency for 
protection against them. 

From this destructive system of colony administration, adopted since the conclusion of the last 
•war, have flowed those distresses, dangers, fears, and jealousies, that overwhelm your majesty's 
dutiful colonists with affliction : and we defy our most subtle and inveterate enemies to trace the 
unhappy differences between Great Britai?i and these colonies, from an earlier period, or from 
other causes, than we have assigned. Had they proceeded on our part from a restless levity of 
temper, unjust impulses of ambition, or artful suggestions of seditious persons, we should merit 
the opprobrious terms frequently bestowed upon us by those we revere. But so far from promo- 
ting innovations, we have only opposed them ; and can be charged with no offence, unless it be 
one to receive injuries, and be sensible of them. 

Had our Creator been pleased to give us existence in a land of slavery, the sense of our condi- 
tion might have been mitigated by ignorance and habit. But, Thanks be to His adorable goodness, 
we were born tlie heirs of freedom, and ever enjoyed our right under the auspices of your royal 
ancestors, whose family was seated on the British throne, to rescue and secure a pious and gallant 
nation from the popery and despotism of a superstitious and inexorable tyrant. Your majesty, 
we are confident, justly rejoices, that your title to the croiun is thus founded on the title of your 
people to liberty ; and therefore we doubt not but your royal wisdom must approve the sensibility, 
that teaches your subjects anxiously to guard the blessing they received from divine Providence, 
and thereby to prove the performance of that compact, which elevated the illustrious house of 
Brunswick to the imperial dignity it now possesses. 

The apprehension of being degraded into a state of servitude, from the pre-eminent rank of 
English freemen, while our minds retain the strongest love of liberty, and clearly foresee the 
miseries preparing for us and our posterity ; excites emotions in our breasts which, though we 
cannot describe, we should not wish to conceal. Feeling as men, and thinking as subjects in the 
manner we do, silence would be disloyalty. By giving this faithful information, we do all in our 
power to promote the great objects of your royal cares, the tranquility of your government and 
the welfare of your people. 

Duty to your majesty, and regard for the preservation of ourselves and our posterity, the pri- 
mary obligations of nature and society, command us to entreat yoar royal attention ; and as your 
majesty enjoys the signal distinction of reigning over freemen, we apprehend the language of 
freemen cannot be displeasing. Your royal indignation, we hope, will rather fall on those design- 
ing and dangerous men, who daringly interposing themselves between your royal person and your 
faithful subjects, and for several years past incessantly employed to dissolve the bonds of society, 
by abusing your majesty's authority, misrepresenting your American subjects, and prosecuting the 
most desperate and irritating projects of oppression, have at length compelled us, by the force of 
accumulated injuries too severe to be any longer tolerable, to disturb your majesty's repose by 
our complaints. 

These sentiments are extorted from hearts, that much more willingly would bleed in your ma- 
jesty's service. Yet so greatly have we been misrepresented, that a necessity has been alleged 
of taking our property from Us withairt vttr consent, " to defray the charge of the administration 



138 [1774, Oct.] HISTORICAL NOTES, &c. 



of justice, the support of civil government, and the defence, protection, and security of the colo- 
nies." But we beg leave to assure your majesty, that such provision has been, and will be made 
for defraying the two first articles, as has been and shall be judged, by the legislatures of the 
several colonies, just and suitable to their respective circumstances : and for the defence, protec- 
tion, and security of the colonies, their militia, if properly regulated, as they earnestly desire may 
immediately be done, would be fully sufficient, at least in times of peace ; and in cases of war, 
your faithful colonists will be ready and willing, as they ever have been when constitutionally 
required, to demonstrate their loyalty to your majesty by exerting their most strenuous efforts, 
in granting supplies and raising forces. Yielding to no British subjects in affectionate attachment 
to jour majesty's person, family, and government; we too dearly prize the privilege of expressing 
that attachment, by those proofs that are honourable to the prince who receives them, and to the 
people who give them, ever to resign it to any body of men upon earth. 

Had we been permitted to enjoy in quiet, the inheritance left us by our fore-fathers ; we should 
at this time, have been peaceably, cheerfully, and usefully employed in recommending ourselves, 
by every testimony of devotion to your majesty, and of veneration to the state from which we 
derive our origin. But though now exposed to unexpected and unnatural scenes of distress, by a 
contention with that nation, in whose parental guidance on all important affairs we have hitherto, 
with filial reverence, constantly trusted, and therefore can derive no instruction in our present 
Unhappy and perplexing circumstances from any former experience ; yet we doubt not, the 
purity of our intention and the integrity of our conduct will justify us, at that grand tribunal before 
Which all mankind must submit to judgment. 

We ask but fob peace, liberty, and safety. We wish not a diminution of the prerogative, 
nor do we solicit the grant of any new right in our favour. Your royal authority over us, and our 
connexion with Great Britain, we shall always carefully and zealously endeavour to support 
and maintain. 

Filled with sentiments of duty to your majesty and of affection to our parent state, deeply im- 
pressed by our education and strongly confirmed by our reason, and anxious to evince the sin- 
cerity of these dispositions, we present this petition only to obtain redress of grievances, and relief 
from fears and jealousies, occasioned by the system of statutes and regulations adopted since the 
close of the late -war, for raising a revenue in America — extending the powers of courts of admiral- 
ty and vice admiralty — trying persons in Great Britain for offences alledged to be committed in 
America — affecting the province of Massachusetts bay — and altering the government and ex- 
tending the limits of Quebec ; by the abolition of which system, the harmony between Great 
Britain and these colonies, so necessary to the happiness of both, and so ardently desired by the 
latter, and the usual intercourses, -will be immediately restored. In the magnanimity and justice 
of your majesty and parliament, we confide for a redress of our other grievances, trusting, that 
when the causes of our apprehensions are removed, our future conduct will prove us not unwor- 
thy of the regard we have been accustomed, in our happier days, to enjoy. For, appealing to that 
Being, ivho searches thoroughly the hearts of his creatures; we solemnly profess, that our councils 
have been influenced by no other motive, than a dread of impending destruction. 

Termit us then, most gracious sovereign, in the name of all your faithful people in America, 
•with the utmost humility to implore you, for the honour of almighty God, whose pure religion 
our enemies are undermining ; for your glory, which can be advanced only by rendering your 
subjects happy and keeping them united ; for the interests of your family, depending on an ad- 
herence to the principles that enthroned it ; for the safety and welfare of your kingdoms and do- 
minions, threatened with almost unavoidable dangers and distresses, that your majesty, as the 
loving father of your whole people, connected by the same bonds of law, loyalty, faith, and blood, 
though dwelling in various countries, will not suffer the transcendent relation formed by these ties 
to be farther Violated, in uncertain expectation of effects, that if attained, never can compensate 
for the calamities through -which they must be gained. 

We therefore most earnestly beseech your majesty, that your royal authority and interposition 
may be used for our relief, and that a gracious answer may be given to this petition. 

That your majesty may enjoy every felicity, through a long and glorious reign over loyal and 
happy subjects, and that your descendants may inherit your prosperity and dominions till time 
Shall be no more, is, and always will be, our sincere and fervent prayer." 

It was on the same day hesoeved, that the address to the king, be enclosed in a letter to the 
several colony agents, in order that the same may be by them presented to hi? majesty ; and. tltac 



fl774, Oct.] HISTORICAL NOTES, &c; 139 

the agents be requested to call in the aid of such noblemen and gentlemen, as are esteemed firm 
friends to American liberty, and that Mr. Lee and Mr. Jay, prepare a letter to the agents. 

On this day also it was Resolved, 

That this congress in their own names, and in behalf of all those whom they represent, do pre- 
sent their most grateful acknowledgments to those truly noble, honourable, and patriotick advo- 
cates of civil and religions liberty, who have so generously and powerfully, though unsuccessfully* 
espoused and defended the cause of America, both in and out of parliament. 

[Oct. 26.] The "letter to the agents" was brought in by the committee, read and ap* 
proved, and is as follows} 

Philadelphia, October 26, 177L 
« "Gentlemen, 

k jf e gi ve y 0U the strongest proof of our reliance on your zeal and attachment, to the happi- 
ness of America and the cause of liberty, -when we commit the enclosed paper to your care. 

" We desire you will deliver the petition into the hands of Ids majesty, and after it has been 
presented, we ivish it may be made publick through the press, together -with tfie list cf grievances. 
And as we hope for great assistance from the spirit, virtue, and justice of the nation ; it is our 
earnest desire, that the most effectual care be taken as early as possible, to furnish the tradi?ig 
cities and manufacturing towns throughout the united kingdom, -with our memorial to the people 
of Great Britain. 

" We doubt not but your good sense and discernment will lead you, to avail yourselves of every 
assistance that maybe derived, from the advice and friendship of all great and good men, who 
may incline to aid the cause of liberty and mankind. 

" Tlie gratitude of America, expressed in tlie enclosed vote of thanks, we desire may be con* 
•neyed to the deserving objects of it, in the manner you think will be most acceptable to them. 

" It is proposed, that another congress be held on the tenth o/May next at Ms place, but in. 
the mean time we beg the favour of you, Gentlemen, to transmit to the speakers of the several 
assemblies, the earliest information of tlie most autlientick accounts you can collect, of all sttcli 
conduct and designs of ministry or parliament, as it may concern America to know. 

We are with unfeigned esteem and regard, 
Gentlemen, &c. 
By order and in behalf of the congrets. HENRY MIDDLETON, president?' 

To Paul Wentworth, Esq. To Thomas Life, Esq. 
Doctr. Benj. Franklin, Edmund Burke, Esq. 

William Bollen,Esq. Charles Garth, Esq." 

Doctr. Arthur Lee, 

Two copies of this " address (or petition,") being engrossed and compared, were signed at the 
table by all the members. 

After which, " thanks being voted to the honourable house of representatives of Pennsylvania, 
for their politeness to congress, this body dissolved itself. 



Thus ended this memorable first American Congress, after a session of hut 51 days : 
It may confidently be asserted, that the annals of no deliberative assembly in the world af- 
fords a parallel, to the exalted patriotism and vigorous energies displayed, in this august body, 
"Whether viewed in reference to its origin and objects ; to the individuals who composed it; (I) 
to the immensity of business performed in so short a time ; the order and dignity of its delibera- 
tions ; the difficulties which surrounded it ; the vast importance and variety of subjects in discus- 

(1) 1 shall endeavour to obtain materials for a short biographical notice of the most distin- 
guished members: A majority of tlie congress were lawyers, or professionally bred to the law, 
mid of the first eminence : The points in controversy, in a peculiar manner required the aid 
of men versed in the knowledge of government and laws. Mr. Ramsay, in his history of the re- 
volution, ascribes much to the patriotism and enlightened principles of this profession, and truly 
observes, that "no order of men has, in all ages, been more favourable to liberty, than lawyers. 
Where they are not won over to the service of government, they are formidable adversaries to it. 
While others judge of bad principles by the ' actual grievances they occasion, lawyers discover 
them at a distance, and trace future mischiefs from Hided innovations." He adds, ''Gentlemen of 
that profession, had acquired the confidence of the inhabitants, by their exertions in the common 



140 [1774, Oct.] HISTORICAL NOTES, &c, 

sion; or the exhibition of firmness, wisdom, and moderation unfolded in its appeals to mankind, 
it is entitled to the highest honours ; and may well claim equality, if not challenge pre-eminence 
over all others. Without doubt, they laid the foundation of independence by their manly and 
unanswerable arguments, and the conviction which their reasonings carried to the minds, and 
the courage their example inspired in the bosoms of their countrymen. 

It must at this day seem amazing, that after such evidence of the unanimity of the colonies, the 
powerful means which their combined energies could command, directed by such statesmen and 
patriots, and withal the justice of their claims, — that the British cabinet could for an hour hesitate 
to abandon their fruitless and dangerous measures ! Yet it will soon be seen, that the " petition" 
itself, was not permitted to reach the throne, nor even read as a document in parliament. 

As Mr. Marshall observes, " The addresses prepared, the various papers drawn up, and the 
measures recommended by this congress, form their best eulogium ; and attest how judiciously a 
selection of character had been made by the people, for the all-interesting concerns intrusted to 
their care. Affection to the mother country, an exalted admiration of her national character, un- 
willingness to separate from her, a knowledge of the hazards and difficulties of the struggle to be 
engaged in, mingled with an enthusiastick love of liberty and of country, with a conviction that 
all which can make life valuable was at stake ; characterize their proceedings." 

All their proceedings were read " throughout America, with enthusiastick admiration. Their 
recommendations were revered as revelations, and obeyed as laws of the highest obligation. It is 
true, that in some few places, disaffection to the system of opposition prevailed. Absolute unan- 
imity did not, and could not be expected to exist. (1) But seldom have a whole people been more 
united on any occasion ; and never did a more sincere and perfect conviction, that every principle 
of right was arranged with them, animate the human bosom, than was now felt by the great 
body of Americans. The people, generally, made great efforts to arm and dicipline themselves. 
Independent companies were every where formed of the most influential characters, and the 
whole face of the country exhibited the aspect of an approaching war. It however is apparent 
from the measures adopted, that although resistance by force was contemplated as a possible 
event, yet the hope, that the non -importation of British goods would so extensively interest the 
merchants and manufacturers of that nation in their favour, as to obtain thereby a repeal of the 
obnoxious acts, was fondly cherished and adhered to. It is impossible otherwise, to account for 
the non-importation agreement itself. Had war been considered as inevitable, every principle of 
sound policy would have demanded that imports should have been encouraged, and the largest 
possible stock of supplies for an army obtained." (2) 

(t) The Assembly of JVew York, as a body, refused their approbation to the proceedings of con- 
gress, but not on the main grounds of complaint. 

(2) It may be proper here to state, that the delegates to this congress, -were convened principally 
■under appointments made in conventions, chosen by the people/cr that express purpose. 

Massachusetts, Rhode Island, and Pennsylvania, were the only colonies whose delegates were 
appointed by tlie assemblies ; but these ivere of tlie same character ; they acted merely as convert' 
tions ; their governors and councils taking no part in the business : The foil owing exhibits the 
manner of their appointment in each colony, as appears by tlie credentials ; viz. 
New Hampshire, by deputies/rom the several towns. — At Exeter, July 21, 1774. 
Massachusetts, by the house of representatives. — At Salem, Jane IT, 1774. 
Rhode island, by the general assembly. — (~At Newport or Providence,) Aug. 10, 1774. 
Connecticut, by the committee of correspondence, authorized to appoint, by a vote of the 
house of representatives. — At New London, and Hartford, July and Au- 
gust, 1774. 
New Yoek, by certain wards in the city of JVew Fork, and the people in sevei*al towns 

and counties. — ( summer J of V7~k. 
New Jereey, by a convention of county committees. — At JVew Brunswick, July, 23, 1774. 

Pennsylvania, by the house of assembly. It Philadelphia, July 22, 1774. 

Delaware (counties) by a convention of tlie members of assembly, convened by a circular letter 
from the speaker of the house at the request of the committee of correspond- 
ence. — At JVew castle, Aug. 1, 1774. 
Maryland, by a convention of county committees. — At Annapolis, June 25, 1774. 



cause. The previous measures in the respective provinces had been planned and carried into 
effect, more by lawyers than by any other order of men. Professionally taught the rights of the 
people, they were among the foremost to descry every attack made on their liberties. Bred in 
the habits of pubhek speaking, they made a distinguished figure in the meetings of the people, 
and were particularly able to explain to them the tendency of the late acts of parliament. Ex- 
ertmg their abilities and influence in the cause of their counlni, thai were rewarded with its 
confidence. ' 



KHKmmaammmmmmtmmmmm&amHimma^mmmmmmma 



[1774, Oct.] HISTORICAL NOTES, &c. 141 

In the preoeding statement it is shown, that the '* Boston port " act, and other laws, passed in 
the spring of this year, for the purpose of crushing the spirit of opposition to the revenue in Mas- 
sachusetts, proved wholly ineffectual. 

On the arrival of general Gage, as governor &c. with the troops, (in May) so far were the 
people of Boston and Massachusetts from proposing any overtures of submission, or atonement, 
that they took higher ground : these acts of parliament were arraigned, as outrageously cruel, and 
obvious violations of every principle of law and justice : The powers they assumed were decla- 
red, in their practical operation, more alarming to the rights and liberties of the country, than 
the claim of taxation itself. 

These acts went the whole length in principle, of proscribing any place or colony from trade 
or commerce, internal or external, during the king's pleasure, on any pretence which might be 
assumed ; and that parliament at its pleasure, without any legal forfeiture, or even the form of 
judicial process, might alter or change at pleasure, the constitutions of government established in, 
every colony, whether under express charter or usage ; vesting in the crown, if so minded, an 
absolute despotism over the lives, fortunes, and liberties of the people ; and thereby, as a particu- 
lar consequence, (and actually happening in this instance,) thousands of unoffending citizens and 
whole districts of people, be suddenly reduced to poverty and starvation ! 

The people of Boston therefore, as has been seen, instead of submission, immediately on the 
arrival of gen. Gage, (the very next day, May 14). entered into the most solemn resolutions to 
u resist;" asserting " that the injustice, inhumanity, and cruelty of the act (I) exceeded all their 
powers of expression, and appealing to God and the world for their vindication and support." 

The general assembly, which met a few days afterwards \May 25.] pursued the same un- 
daunted course. 

The people throughout America took side with Massachusetts, as has been shown -."—immedi- 
ately elected a congress to express and give effect to their united opinions and wishes on this 
subject, and generally on American grievances, and the revenue system in particular. 

The proceedings of this wise and patriotick body have just been detailed. 

It so happened, they had under consideration, beside the long catalogue of parliamentary op- 
pressions since 1763 ; the particular " penal bills " passed against Massachusetts, in the spring of 
this year, on account of the destruction of the tea. 

It has appeared with what a generous and intrepid alacrity, in behalf of themselves and their 
constituents, they approved the conduct of their sister colony — sympathized in her sufferings, 
and resolved upon making her wrongs a common cause. 

(1) * The Boston port bill; " the other acts altering the cliarter &c. had not then arrived. 

Virginia, by a convention of delegates from the counties, — At Williamsburgh, Aug. 5, 

177 '4. 
North Cabolina, by a convention of deputies of the inhabitants. — At JVewbern, Aug. 25, 1774. 
South Carolina, by a general meeting of the inhabitants of the colony, confirmed by the house 

of assembly. — At Charleston, Aug, 2. 1774. 

At this time the formation of a provincial convention, or congress, -was extremely simple and 
expeditious .- a few principal men, by circular letters, written to gentlemen in different towns and 
townships, proposed a convention, congress, or council of safety, to be elected by the people of the 
province. " 

For this purpose, the people of each county to meet on a given day, at the court-house, and 
choose 5 or more delegates, to meet in general convention, or congress, at another assigned day 
and place, as the representatives of the people of the colony ,- and to act for them according to 
the exigencies of the occasion. This notice was easily diffused by hand-bills, town-meetings, 
and gazettes. Meetings ensued, and delegates were chosen, who met at the time and place 
appointed. This body organized itself, and proceeded in all the forms of a deliberative assem- 
bly ; — entered into resolves and recommendations, and appointed standing committees ofpublick 
safety and correspondence, to act on their dissolution or recess ; with powers to organize the 
townships and smaller districts ; to call another congress or convention cVc. All these greater 
and smaller populur authorities, had their prescribed duties to perform &c. and co-operated in 
effecting any general plan : They from this time almost superceded, and very soon became the 
only agents, for carrying on publich operations. 

The governors, councils, and assemblies, and tlie executive officers, ceased their functions ; 
and regular government was suspended until the formation oj constitutions, which successively 
ensued. 

Even this interval, notwithstanding its novelty, and the agitations and passions it excited, 
and although society was loosened from the positive restraints of law and order,- yet such was 
the fores of habits and of principles universally established, felt, and understood, in respect of 

18 



148 [1774, Oct.] HISTORICAL NOTES, &c. 



On the particular subject of the " coercive bills" against Massachusetts, they repel all idea of 
submission, and make them the ground of more embittered complaint and determined opposition j 
declaring " They ' most thoroughly approved the wisdom and fortitude with which opposition to 
wicked ministerial measures hau been hitherto conducted in Massachusetts, and recommended to 
them perseverance in the same firm and temperate conduct as expressed in the resolutions of the 
delegates from the county of Suffolk.' By this approbation and advice, the people of Massachu- 
setts were encouraged to resistance, and the other colonies became bound to support them. The 
former, more in need of a bridle than a spur, proceeded as they had begun, but with additional 
confidence." 

To these remonstrances and defiances, they added positive measures of resistance ; by establish- 
ing in effect a " non-intercourse," of the import trade, after the first of December; inflicting there- 
by a most severe retaliation upon England ; depriving her not only of colonial " revenue," but of 
one of her most vital and necessary sources of wealth and power, viz. the purchase and consump- 
tion of her products and manufactures, by 3 millions of subjects; until their grievances were 
redressed. They even determined, that exports should cease to Great Britain, Ireland, and 
the West Indies, after the 10th of Sep. 1775.(1) 

On the part of the people, they from the first, as has been seen, espoused the cause of Massa- 
chusetts, and hailed the proceedings of congress with enthusiastick approbation ; a general dispo- 
sition " to do, to suffer, and to accommodate, spread from breast to breast, and from colony to colony, 
beyond the reach of human calculation. It seemed as though one mind inspired the whole. The 
merchants put far behind them the gains of trade, and cheerfully submitted to a total stoppage of 
business, in obedienee to the recommendations of men, invested with no legislative powers. The 
cultivators of the soil, with great unanimity assented to the determination, that the hard-earned 
produce of their farms, should remain unshipped, although in case of a free exportation, many 
would have been eager to have purchased it from them, at advanced prices. The sons and 
daughters of ease, renounced imported conveniences, and voluntarily engaged to eat, drink, and 
•wear, only such articles as their country afforded. These sacrifices were made, not from the 
pressure of present distress, but on the generous principle of sympathy with an invaded sister 
colony, and the prudent policy of guarding against a precedent which might, in a future day, ope« 
rate against their liberties. 

The season of universal distress, exhibited a striking proof, how practicable it is for mankind to 
sacrifice ease, pleasure, and interest, when the mind is strongly excited by its passions. In the 

(1) The distressing privations -which this system of restraints immediately brought upon the 
people, are obvious ; nothing in a more decisive manner proves the stern virtues -which then pre- 
vailed over every incentive of profit, or enjoyment : It -will be remembered, that at that period 
America depended on England for almost every article oj necessity or enjoyment, food excepted; 
thousands immediately -were deprived of their occupations and usual subsistence, and all redu- 
ced to live under the severest privations. 

personal rights and of property, that scarcely any of tlie evils of anarchy ensued t Men of the 
first talents and distinction, -were generally entrusted -with these revolutionary powers ; and by 
'their examples, authority, and -wisdom, restrained excesses, and directed every thing on the basis 
of -well known rights, and only so far deviated even from forms, as became absolutely necessary to 
carry on measures, essential for tlie salvation of the country. 

Speaking of this state of things in America at that period, and of Massachusetts in particu- 
lar, the -writer of North's Administration remarks, that "The parliamentary regulations -which 
had been made for the government of Massachusetts bay, in the beginning of the year 1774, not 
having been carried into effect, from tlie violent opposition shown to that plan of government ,- 
and the civil institutions -which their charter had established, being thereby abrogated ; all the 
functions of legal authority -were immediately suspended. No governor presided, no council as- 
sembled, no judges interpreted the la-w, no inferiour officers exacted an observance of it. In such 
a state of anarchy, it -was to be expected that tlie persons and property of individuals -would be 
exposed to the depredations of lawless miscreants, who are to be found in greater or less num- 
bers in every state, who by their crimes disgrace humanity, disturb the peace of society, and 
draw down the severity of the laws. But though the suspension of ?iiagistracy gave the needy 
vnd unprincipled a licence to do what was right in tfieir own eyes, every one remained safe and 
unmolested. This colony had ever been characterized for an intolerant spirit in religion, and 
now stood accused of rebellion against the parent state, but its manners seem to have remained 
uncorrupted, insomuch that in the course of eighteen years, it is said, that only one criminal has 
been executed in the province ! However we may ablwr traitors, we cannot but admire such un- 
exampled internal decorum. " 

It may be added, that this interregnum continued in Massachusetts until March, 1780 ; and 
in all the other colonies except Rha<fc^ Island and Connecticut, for the space of 2 years befare 
they established constitutions. 



(1774, Oct.] HISTORICAL NOTES, &c. 143 

midst of their sufferings, cheerfulness appeared in the face of all the people. They counted 
every thing cheap in comparison with liberty, and readily gave up whatever tended to endanger 
it. A noble strain of generosity and mutual support was generally excited. A great and power- 
ful diffusion of publick spirit took place. The animation of the times, raised the actors in these 
scenes above themselves, and excited them to deeds of self denial, which the interested prudence, 
of calmer seasons can scarcely credit." 

From Oct. 1774, to May, 1775. 

It is now to be seen, what was the conduct of England, upon receiving intelligence of these 
proceedings in Massachusetts, as well as in the other colonies, and in congress. 

It will be recollected, that the parliament which enacted these odious bills, which were sent out 
in the spring ships, and backed by a military power under general Gage, was prorogued in June, 
and dissolved in September ; and a new one immediately called to meet on the 29th of Novembei: 

Of course the new parliament would assemble about the time when an account of the proceed- 
ings in Jlmerica, relative to the severe measures taken against Boston, and Massachusetts, might 
be expected to arrive in Great Britain. 

It seems that after the prorogation in June, American affairs excited little publick attention in 
England: ministers had confidently predicted that the measures just levelled against Massachu- 
setts would produce submission there, and as a consequence, in all the provinces : it was presumed 
the new parliament could have little else to perform in regard to Jlmerica, but to follow up the 
rigorous plans of ministry, in executing the revenue system by penal laws, and military force, and 
by moulding its internal governments into forms less independent, and more under the immediate 
control of the crown, and executive powers of Great Brilain.(\) 

To their great astonishment and mortification, the very reverse of these sanguine, and certainly 
most infatuated, and indeed guilty hopes, was to be presented, for at its meeting, \_JVov. 30.] his 

(1) It would seem however, tliey had some distrust from former experience, that a non-con- 
sumption agreement would be entered into. — T/ie ministry apprehending that this event, by dis- 
tressing the trading and manufacturing towns, might influence votes against the court, in the 
election of a new parliament, which was of course to come on in the succeeding year, suddenly 
dissolved the parliament, and immediately ordered a new one to be chosen. It was their design to 
have the whole business of elections over, before the inconveniencies of a non-importation agree- 
ment could be felt. The nation was thus surprised into an election without knowing, that the 
late American acts had driven the colonies into a firm combination, to support, and make a com- 
mon cause with the people of Massachusetts. 

The British ministry were not less disappointed than mortified, at this unexpected combination 
of the colonies. They had flattered themselves with a belief, that the malcontents in Boston were 
a small party headed by a few factious men, and that the majority of the inhabitants would ar- 
range themselves on the side of government, as soon as they found Great Britain determined 
to support her authority ,• and should even Massachusetts take part with its offending capital, 
they could not believe that the other colonies would make a common cause, in supporting so in- 
temperate a colony : but should even that expectation fail, they conceived that their association 
must be founded on principles so adverse to the interests and feelings of individuals, that it could 
not be o/ long duration. They were encouraged in these ill founded opinions by the recollection^ 
that the colonies were frequently quarreling about boundaries, clashing in interest, diffeinng in 
policy, manners, customs, forms of government and religion, and under the influence of a variety 
of local prejudices, jealousies and aversions. They also remembered the obstacles which pre- 
vented the colonies from acting together, in the execution of achemes planned for their own de- 
fence, in the late war against the French and Indians. T/ie failure of the expected co-operation 
»f the colonies in one uniform system at that time, was not only urged by the British 7ninistry t 
as a reason for parliamentary control over the whole, butflattered them with a delusive hope, 
they never could be brought to combine their councils and their arms. Perhaps the colonists 
apprehended more danger from British encroachments on tlieir liberties, than from French en- 
croachment on Indian territories, in their neighbourhood: or more probably the time to part being 
eome, the Governor of the U?iiverse, by a secret influence on their minds, disposed them to union. 

It was a circumstance unfavourable to the lovers of peace, that the rulers of Gi^eut Britain 
received almost the whole of their American intelligence, from those who had an interest in deceiv- 
ing them. Governors, judges, revenue-officers, and otlier royal servants, being both appointed 
and paid by Great Britain, fancied that zeal for the interest of that country, would be the most 
likely way to insure tlieir farther promotion. They were therefore, in t/ieir official dispatc/ies to 
government, often tempted to abuse the colonists, with a view of magnifying their own watch- 
fulness and recommending themselves to Great Britain The plain, simple language of truth, 
•was not acceptable to courtly ears. Ministers received and caressed those, and those only, 
■whose representations coincided with their own views and wishes- They who contended that, by 
the spirit of the English constitution, British subjects residing on one side nf the Atlantick, were 
entitled to equal privileges with those who resided on the other, were unnoticed, while the abettors 
"fmiTatterial measure* were heard with uttejidtn. 



144 [1774, Nov.] HISTORICAL NOTES, &c. 

majesty in his speech informed the parliament, that a most daring spirit of disobedience to the 
law, still unhappily prevailed in Massachusetts, and had broken forth in fresh violences of 
a criminal nature ; that these proceedings had been encouraged in other colonies, and unwarrant- 
able attempts had been made to obstruct the commerce of the kingdom, by unlawful combinations ; 
that such measures had been taken, and such orders given, as were judged most proper for 
carrying the laws (1) into execution; and that they might depend upon a firm resolution to 
withstand every attempt to weaken the supreme authority of the legislature over all the dominions 
of the crown, his majesty being assured of receiving their support while acting upon these prin- 
ciples. 

The proposed address in the house of commons, produced a considerable debate ; and the 
minister was reminded of the mighty effects he had predicted from the late acts against Ame- 
rica—They were to humble that whole continent in the dust, without further trouble, and the 
punishment of Boston was to strike an universal panick on all the colonies ; that refractory town 
would be totally abandoned, and instead of obtaining relief, a dread of the same fate would even 
prevent the appearances of pity. But the address was carried, without any amendment, by a ma- 
jority of more than three to one. (264 to 73.) 

That from the house of lords was couched in strong terms, and was warmly debated. It was 
rendered memorable by a protest, thought to be the first upon an address, and which was very 
pointed ; it concluded with the following remarkable declaration : " But whatever may be the 
mischievous designs, or the inconsiderate temerity which leads others to this desperate course, 
we wish to be known as persons who have disapproved of measures, so injurious in their past 
effects and their future tendency, and who are not in haste, without inquiry or information, to 
commit ourselves in declarations, which may precipitate our Country into all the calamities of a 
civil war ."(2) The address was carried by a majority of 63 to 13. 

Notwithstanding the hostile tone of the speech, and the great majority that supported the ad- 
dresses, there appeared an irresolution on the side of ministry ; and previous to the Christmas re- 
cess, they seemed evidently to shrink from all contest upon American subjects. The national es- 
timates were entirely formed upon a peace establishment ; and the minister of the naval depart- 
ment publickly asserted in the house of lords, that he knew it would be fully sufficient for reducing 
the colonies to obedience. He spoke with the greatest contempt both of the power and courage 
of the Americans ; and held that they were not disciplined, nor capable of discipline, and that, 
formed of such materials and so indisposed to action, the numbers, of which such boasts had been 
made, would only add to the facility of their defeat. 

The congressional proceedings were received before the Christmas recess, and ministry were 
disposed to retract their violent measures and to redress American grievances. To this end, ap- 
plication was made, under the auspices of the minister, to the body of the American merchants, 
desiring them to frame petitions for the redress of American grievances and the restoration of 
American rights, and promising compliance with them, as it was most agreeable to the ministry to 
repeal the obnoxious acts, seemingly in consequence of petitions at home. While this was in agita- 
tion, letters were received from New York, assuring that the assembly would reject the proceed- 
ings of the general congress, and that there would be a separation of that colony from the rest- 
fresh hopes were conceived from the prospect of a division, upon which ministry reverted to 
measures more adapted to their own inclination.(3) 

(1) Boston port act, &c. &c. passed in the spring. (2) Lords who signed the protest — Rich- 
mond, Portland, Rockingham, Stamford, Stanhope, Torrington, Ponsonby, Wycombe, Camden. 

(3) It may not be uninteresting to give the following extracts from a journal ofJosiah Quin- 
cy esq. who sailed from Boston for England, [Sep. 6. 1774.] the day after congress met: He 
was a most strenuous advocate of American rights : his mission to Evgla7id at this time was 
political, and to forward the cause of liberty. He arrived in the beginning of A^ov. about 3 weeks 
before the meeting of the new parliament, (Nov. 29.) The proceedings of congress were re- 
ceived in England about Bee. 1. — The journal contains also copies of letters to his fiends. 

Extracts, [Nov. 11, 1774.] " Viewed Plymouth docks. My ideas of the riches and power 
of this great nation, are increased to a degree J should not have believed, if it had been predicted 
to me. lam not in any measure reconciled to the British plan of taxing America, but I shmdd 
with cheerfulness accede to a contribution from the colonies (they being the sole judges of the 
time and quantity of their grants) toward the charges of the British government. 

"[Nov. 18.] This morning J. Williams esq. informed me, that governor Hutchinson had repeat- 
edly asmred the inimstry, that a union of the colonies was utterly impracticable ; that the people 
were greatly divided among themselves in every colony ; and that there could be no doubt but 
that all America would submit; that they must, and would soon. Several of the nobility and 
ministry assured Dr. Franklin of the same facts. 



[1774, Nov.] HISTORICAL NOTES, &c. 145 

" But during the recess, persons began to consider the con sequences which might follow the con- 
gressional proceedings, and a general alarm was spread. This produced several meetings of the 
North American merchants in London and Bristol ; and petitions to parliament were prepared 
and agreed upon in both places. But the times were so altered from what they were formerly, 
that no mercantile opposition could prove efficacious, by endangering the continuance of the 
nrinistry."(2) 

In fact, the nation was very much divided " in opinion, concerning the proper conduct to be ob- 
served towards America. Some were for coercion, because they hoped to derive a revenue 
therefrom, and the lowest plebeians, whom neither nature nor education had qualified to decide 
upon an intricate subject, thought themselves able to adjust this dispute, by only asking the plain 
question, " Why should not the Americans pay taxes as well as we ?" National pride, as well as 
an idea of national interest, strongly enforced the same doctrine. Superadded to these con- 
siderations, motives neither national nor laudable, actuated not a few to foment the quarrel with 
America : such as the prospects of lucrative contracts or appointments, and a distribution of the 
confiscated estates of the American ringleaders. All these were powerful incentives to action; 
however, the contrary opinion was rescued from contempt, both by the numbers and the conse- 
quence of those who avowed it. The country gentlemen, although the pillars of prerogative, fore- 
saw that the land-tax must be advanced to four shillings in the pound, as soon as the sword should 
be drawn ; and although the omnipotence of Great Britain to enforce her laws, was not doubted, 
yet whether a revenue could be drawn from America, should her submission be secured, appear- 

(2) Gord. 

" [Nov. 19.] Lord North repeatedly said to me, " we must try what we can do to support the 
authority ive have claimed over America; ifive are defective in power, we must sit dorm con- 
tented, and make the best terms toe can; and nobody then can blame us after we have done our 
utmost ; but till we have tried what ive can do, we can never be justified in receding ; and -we 
ought to, and shall be very careful not to judge a thing impossible because it may be difficult ; 
nay, we ought to try what we can effect, before we can determine upon its impracticability." 

" [Nov. 24-3 To . TJie following language hath been reiterated to me in various 

companies, — « We are afraid of nothing but your division and your want of perseverance. Unite 
and persevere — you must prevail — you must triumph. 

'From parliament expect no favour but what proceeds from jear. Depend not upon com- 
mercial plans for your safety. — Dr. Franklin is an American in heart and soul. His ideas are 
not contracted within the narrow limits of exemption from taxes, but are extended upon the broad 
scale of total emancipation. — He is explicit and bold upon the subject' 

" [Nov. 26.] Governor Pownall assured me, that all the measures against America were 
planned and pushed on, by Bernard and Hutclunson. They were incessant in their applications 
to administration, and gave the most positive assurances of success. 

" [Dec. 6.3 Mr. comnnssioner M waited on me. In the course of conversation he said, 

'You can have no idea of the taxes oj this kingdom, and the distress of our poor. They are extreme 
poor and wretched indeed — every thing here is taxed to the utmost. The colonies must relieve 
us; they must ease us of our taxes, &c.' He also affirmed to me, that governors Bernard and 
Hutchinson were principally attended to in the late measures against the colonies. But lie added, 
that government had found many tilings had turned out different from Hutchinson' 's representa- 
tion, and had not been at all conformable to what he foretold. 

« To . -My whole time is employed in endeavouring to serve my country. I find 

every body eager to hear, most people willing to be set light, and almost all grossly ignorant of 
the American world. It is agreed on all hands, that your courage — your courage, I repeat it — 
will be brought to the test. — Should it prove answerable to your ostentations, and worthy of your 
ancestors, your friends will amazingly increase — your hearty friends will be in raptures. Pre- 
pare — prepare I say, for the worst. 

" Many of your friends here, in both houses, will not take a decisive part till they see how you 
act in America. For shoidd they take a determined part now in favour of that country, and in a 
short time America give back, their hopes of rise into power and office (which are the hopes of all 
British statesmen) would be forever at an end. Therefore, till the colonists discover that union 
and spirit, which all parties here agree must force success, you are not to expect any great exer- 
tions in your favour. But when once there is a conviction that the Americans are in earnest, 
that they are resolved to endure all hazards with a spirit worthy the prize (and not till then) 
will you have many firm, active, persevering, and powerful friends. For, strange as it may 
seem, there is a great doubt here among many, -whether you are really in earnest, in the full 
force and extent of those words' 

" [Dec. 12.] Lord —— appeared a very warm friend to the Americans; and said, 'If 

they continue united, they must have all they ask? He particularly mentioned, that lord Mans- 
afield last sessions, assured the house oj' lords, that the plan they had laid would go down in 
America, sine clade ; and also, that he had the best intelligence what might be carried through 
there. His Itrdship had no doubt that such assurances were grounded on Hutchinson's infor- 
mation. 



146 [1774, Dee.] HISTORICAL NOTES, &c. 

ed highly problematical. The commercial interest was yet more deeply affected by an «pea rup- 
ture. The colonies stood indebted to the British merchants about four millions sterling, which, 
though a vast sum, was no more than the amount of a twelve months commerce. This respecta- 
ble body of men, not only saw themselves deprived of a lucrative trade, but cut off from all hope 
of obtaining speedy payment of the sums due to thera, and in danger of losing them forever. A 
numerous body of manufacturers derived their only means of subsistence from the intercourse 
with the colonies, and therefore considered the non-importation agreement which their consumers 
had entered into, as the greatest possible evil, and were anxious for a reconciliation upon any 
terms. Besides these classes of men, whose particular and immediate interests urged them to 
become strenuous advocates in the American cause, there were many people, who though influ- 
enced by no private or interested views, could neither see the justice nor expediency of compel- 
ling the Americans to absolute submission, and the operative principle of private interest among 
the bulk, gave an energy and force to such speculative reasoning." 

But the cabinet took wider views of the question, they conceived it absolutely necessary from 
the temper and growing force and disposition of the Americans, to crush their strength, and 
change their institutions ; it was indeed " now generally understood, that the new modelling the 
forms of government throughout North America, and securing that continent to Great Britain, by 
introducing such regulations as might form habits of subordination and obedience, was the favourite 
ebjectsof the sovereign, and to propose the means by which such a renovation of loyalty might be 
effected, was the surest introduction to royal favour." 

[Dec] In this stage parliament adjourned for the usual Christmas recess, to meet in January : 
no communication of proceedings in America, or of the congress, having been made to them by 
the minister at the opening. 



" [Dec. 14.] To E . ' Four countrymen must seal their cause with their blood. They 

must preserve a consistency of character. They must not delay. They must or be 

trodden down into the vilest vassalage — the scorn — the spurn of their enemies — a by-word of 
infamy among all men' 

" [Dec. 16.] To E . 'Permit me to congratulate my countrymen on the integrity and 

loisdom, with which the congress have conducted. Their policy, spirit, and union, have confound- 
ed their foes and inspired their friends. All parties agree, in giving them a tribute of honour 
end applause. J\fy lord North endeavoured to explain away his expression — ( I will have Ame- 
rica at my feet.' Beware of the arts of negociation. 

" By the way, there is no doubt but the ministry sent large sums to Mew York, in order ts 
Iribe your continental delegates. It was openly avowed and vindicated; and great boast was 
made of nnnisterial success in this way, with the delegates from J\ r ew York. It was said, that 
they had effected a disunion, which woidd be fatal to the cause of America. You can't well 
imagine the chagrin with which the ministry received the result of that glorious body. They 
are viewed as the northern constellation of glorious worthies, illuminating and warming the 
new world. 

" To Joseph Reed, esq. (o/Philadelphia.) 

" [Dec. 17.] Sure I am, that the ministry have no where such sanguine hopes of a defection 
as from that quarter (JVew York.) Their influence is no where so forcibly extended; it is certain 
they will be astonishingly disappointed, if they do notftnda sensibility to their touch. Lord Cam- 
den said in the house of lords, the other day, 'were I an American, I would resist to the last 
drop of my blood? Your parliamentary friends say, snatch the opportunity for peace and re- 
conciliation. Your sanguine and warm partizans say, * You are united and inspired now, cir- 
cumstances that may never happen again. Seize the happy and glorious opportunity, for es- 
tablishing the freedom and social felicity of all America. Tliere is a tide in the affairs of men. 

**f_Jan. 2, 1775.] While [at Bath.) viewing the most magnificently elegant new rooms, in 
company with colonel Barre', lie scud, pointing to the pictures' taktn from the ruins found at 
Ilerculuneum, ' 1 hope you have not the books containing the draughts of those ruins with you' 
J replied, ' There was one set I believed in thepublick library at our college! ' Keep thetn tliere 
(said he) and they may be of some service as a matter of curiosity for the speculative, but let 
them get abroad and you are ruined. They will infuse a taste for biuldings and sculpture ; and 
when a people get a taste for the fine arts, they are ruined. 'Tis taste that ruins whole kingdoms. 
'Tis taste that depopidates whole nations. I could not help weeping when 1 surveyed tfie ruins at 
Rome. All the remains of the Roman grandeur, are of works which were finished when Rome and 
the spirit of Romans were no more, unless I except the ruins of the Emilian baths. Mr. Quincy, 
let your countrymen beware of taste in their buildings, equipage and dress, as a deadly poison.' 

Colonel Barre' also addedin the course of conversation — 'About fourteen or fifteen years ago, 
I was through a considerable part ofyaur country ; for, in the expedition against Canada, my bu- 
siness called me to pass by land through Pennsylvania, JVew Jersey, York and Albany ; and when 
1 returned again to tliis country, I was often speaking of America, and could not help speaking 
•well of its climate, soil and inhabitants ; for you must know, sir, America was always a favourite 
zvith me. But will you believe it, sir, yet I assure youit is true, more thm two-thirds of this island 



[1775, Jan.] HISTORICAL NOTES, &C, U7 

[1775 Jan. 20.] The meeting of parliament this day, -was the important moment for action. 

" The great question now was, whether British spirit should be opposed to American spirit ; 
whether bold, vigorous and judicious exertions, should be immediately made to crush that opposi- 
tion, before it had gained strength, which it was found could not be terrified into acquiescence. 
In such a situation, to temporize was to yield ; delay and irresolution added fuel to the flame ; but 
in conducting this momentous business, the confidential servants of the crown showed themselves, 
better qualified for drawing the nation into hostile measures by secret aud imperceptible steps, 
than at once to bear down opposition in both countries, by the spirit and ability which were con- 
spicuous in their plans. The nation was lulled into security, by the number of seamen for the 
year 1775 being reduced to sixteen thousand men ; the land forces were also fixed at seventeen 
thousand five hundred and forty -seven effective men, officers and invalids included, a smaller force 
than the preceding year." 

"As soon as the house of lords met, the earl of Dartmouth, then secretary of state for the 
colonial department, laid before it the official papers received from America, upon which 
occasion the earl of Chatham inveighed with great spirit, against the dilatoriness of adminis- 
tration, and moved ' to address his majesty to cause orders to be issued to general Gage, that 
he remove the forces from the town of Boston, as soon as the season of the year, and other cir- 
cumstances, indispensable to the safety and accommodation of the troops, may render it practica- 
ble.' He urged the necessity of such a step, as the means of opening a way for settling the dan- 
gerous troubles in America, by beginning to allay the ferments and soften animosities there. 
He said, an hour now lost might produce years of calamity, and pledged himself, that he would not 
desert for a moment the conduct of this mighty business, from the first to the last, unless nailed 
to his bed by the extremity of sickess, but would knock at the door of a sleeping ministry, and 
rouse them to a sense of their imminent danger. 

" The times were greatly changed since this wonderful man ' moulded the attentive senate ; 
charmed, persuaded, exalted ;' and by the force of his matchless eloquence, annihilated all opposi- 
tion. He now addressed an assembly, whose pre-conceived opinions were not to be shaken, by 
the strongest arguments. He could now no longer gain upon his audience by touching their 
master-passion, and placing full in their view, the advancement of their country's dignity and 
power. He now maintained a doctrine quite repugnant to the pride, the prejudice, and, as it was 
imagined, the interest of those who heard him. Wrapped in the contemplation of their own gran- 
deur and irresistible strength, they considered all predictions of disgrace, humiliation and ruin, as 
the images of asick fancy, the suggestions of a melancholy mormo; yet all these disadvantages did 
not deter this venerable statesman, whose old experience had attained to something like a pro- 
phetick strain, from predicting with great confidence, the consequences which would infallibly 
result, if the measures which had been adopted were persisted in."(l) 

The following is his speech on this motion. (2) , 

(1) North's Admin. (2) This celebrated speech is given more at large, and -with more ele- 
gance and beauty of diction in Dr. Chapman's Speeches, vol. I, p. 225. 

The sketch here given, though evidently unfinished, is doubtless a strong and faithful outline : 
It -was taken down by Josiah Quincy esq. then in England, and -who heard it pronounced ; he 
thus introduces it — " lord Chatham rose like Marcellus. ' Viros supereminet omnes.' Be seemed 
to feel himself superior to those around him. His language, voice and gesture, were more pa- 
thetick than I ever saw or heard before, at the bar or senate. He seemed like an old Roman 
senator, rising with the dignity of age, yet speaking with the fire of youth. 

The illustrious sage stretched forth his hand with the decent solemnity of a Paul, and rising 
with his subject, lie smote his breast with the energy and grace of a Demosthenes. He opened with 
gome general observations, on the importance and magnitude of the American quarrel (as he 
called it.) He enlarged upon tfie dangerous and ruinous events that were coming upon t/ie 
nation, in consequence nf the present dispute, and the measures already begun and now carrying 
on by his majesty's ministers. He arraigned their conduct with great severity and freedom. He 
then proceeded," &c. 

Mr. Quincy adds "from the effects of this speech on tlw great audience without the bar, and 
from my own emotions and feelings, the miracles of ancient eloquence — the blaze of genius and 
'the burst of thought — with which Grecian and Roman orators have been said to work wonders 
in the senate and the field, no longer appeared fabulous. 

at that time, thought the Americans were all negroes' I replied, ' I did not in the least doubt 
it; for if [was to judge by the late acts of parliament, I should suppose that a majority of the 
people of Great Britain still thought so, for 1 found that their representatives still treated them 
as such.' He smiled, and the discourse dropped. The colonel was among those who voted for the 
Boston port-bill. 
Mr. Quincy sailed from England about the 1st of March, in a bad state of health, and against 



148 [1775, Jan.] HISTORICAL NOTES, &c» 

« Mr xokds, these papers from America, now laid for the first time before your lordships, 
have been, to my knowledge, five or six weeks in the pocket of the minister. And notwith- 
standing the fate of this kingdom hangs upon the event of this great controversy, we are but this 
moment called to a consideration of this important subject. My lords, I do not want to look into 
one of those papers ; I know their contents well enough already. I know that there is not a mem- 
ber in this house, but is acquainted with their purport also. There ought therefore to be no delay 
in entering upon this matter ; we ought to proceed to it immediately. We ought to seize the 
first moment to open the door of reconciliation. The Americans will never be in a temper or 
state to be reconciled (they ought not to be) till the troops are withdrawn. The troops are a 
perpetual irritation to these people : they are a bar to all confidence, and all cordial reconcilement. 
I therefore, my lords, move — That an humble address be presented to his majesty, most humbly 
to advise and beseech his majesty, that, in order to open the way towards an happy settlement of 
the dangerons troubles in America, by beginning to allay ferments, and soften animosities there; 
and above all, for preventing, in the mean time, any sudden and fatal catastrophe at Boston, now 
suffering under the daily irritation of an army, before their eyes, posted in their town, it may 
graciously please his majesty, that immediate orders may be dispatched to general Gage, for re- 
moving his majesty's forces from the town of Boston, as soon as the rigour of the season, and 
other circumstances indispensable to the safety and accommodation of the said troops, may render 
the same practicable. 

"The way my lords, must be immediately opened for reconciliation. It will soon be too late. 
I know not who advised the present measures. I know not who advises to a perseveranoe and 
enforcement of them ; but this I will say, that whoever advises them ought to answer for it, at his 
utmost peril. — I know that no one will avow, that he advised, or that he was the author of these 
measures : every one shrinks from the charge. But somebody has advised his majesty to these 
measures, and if his majesty continues to hear such evil counsellors, his majesty will be undone. 
His majesty indeed may wear his crown ; but the American jewel out of it, it will not be worth 
the wearing. 

" What more shall I say ? I must not say, that the king is betrayed ; but this I will say, the 
jtatiost is ruined.(l) What foundation have we for our claims over America ? What is our 
right to persist in such cruel and vindictive measures against that loyal and respectable people ? 
They say you have no right to tax them without their consent. They say truly. Representation 
and taxation must go together : they are inseparable. Yet there is hardiy a man in our streets, 
though so poor as scarce to be able to get his daily bread, but thinks he is the legislator of America. 
Our Vmerican subjects is a common phrase in the mouth of the lowest orders of our citizens; 
but property, my lords, is the sole and entire dominion of the owner: it excludes all the world 
besides the owner. None can intermeddle with it. It is a unity ; a mathematical point. It is an 
atom ; untangible by any but the proprietor. Touch it— and the owner loses his whole property. 
The touch contaminates the whole mass ; the whole property vanishes. The touch of another 
annihilates it ; for whatever is a man's own, is absolutely and exclusively his own. 

" In the last parliament all was anger — all was rage. Administration did not consider what was 
practicable, but what was revenge. Sine clade victoria, was the language of the ministry last 
sessions, but every body knew, an idiot might know, that such would not be the issue. But the 

(1) The writer of North's Administration, gives the sentence thus, "My lords ,• if the minis- 
ters thus persevere in misadvising and misleading the king, I will not say that they can alienate 
the affections of his subjects from his crown; but I will affirm, that they will make the crown not 
worth his wearing. J will not say that the king is betrayed, but 1 will pronounce that the kingdom, 
is undone." 

the advice of his physicians, indeed against his own opinion and inclination, but as Mr. Gordon 
says, " he risks his life for the good of his own colony in particular, and of America in general." 
Jt was thought that the information he was to give could not be safely nor fairly communicated 
by letter. He did not live to make any. He was born in Boston in 1743, an eminent lawyer and 
patriot,- and died April 27 this year. 

Mr. Gordon has this memorandum. " My friend Quincy has sacrificed his life for the sake of 
his country. The ship in which he sailed, arrived at Cape Ann wit/an these two days,- but fie 
lived not to get on shore, or to hear and triumph at the account of the success of the Lexington 
engagement. His remains will be honourably interred by his relations. Let him be numbered 
with the patriotick heroes who fall in the cause of liberty, and his memory be dear to posterity. 
Let his only surviving child, a son of about three years, live to possess his noble virtues, and ?«*. 
transmit his name down to future generations." 



[1775, Jan.] HISTORICAL NOTES, &c *4» 

ruin of the nation was a matter of no concern, if administration might be revenged. Americans 
were abused, misrepresented, and traduced in the most atrocious manner, in order to give a 
colour, and urge on the most precipitate, unjust, cruel, aud vindictive measures that ever disgraced 
a nation.' 

« Rhadamanthus habet durissima regna, 

" Castigat-que, audit-q^e. 

" My lords, the very infernal spirits, they chastise, castigatque : sed auditque, my lords. The 
very spirits of the infernal regions hear before they punish. But how have tnese respectable 
people behaved under all their grievances ? With unexampled patience, with unparalleled wis- 
dom. They chose delegates by their free suffrages : no bribery, no corruption, no influence 
here, my lords. Their representatives meet with the sentiments and temper, and speak the sense 
of the continent. For genuine sagacity, for singular moderation, for solid wisdom, manly spirit, 
sublime sentiments and simplicity of language, for every thing respectable and honourable, the 
congress of Philadelphia shine unrivalled. This wise people speak out. They do uot hold the 
language of slaves; they tell you what they mean — They do not ask you to repeal >0'<r laws as a 
favour ; they claim it as a right ; they demand it. They tell you, they will not submit to them; 
and I tell you the acts must be repealed ; they will be repealed ; you cannot enforce them. The 
ministry are cheek-mated. They have a move to make on the board ; and yet not a move but 
they are ruined. 

" Repeal, therefore, my lords, I say. But bare repeal will not satisfy this enlightened and( 
spirited people. What! repeal a bit of paper: repeal a piece of parchment! That alone won't 
do, my lords. You must go through. You must declare you have no right to tax : then they may 
trust you; then they will have confidence in you. I have heard a noble lord speak, who seamed 
to lay some blame upon general Gage. I think that honourable gentleman has behaved with, 
great prudence, and becoming caution. He has entrenched himself and strengthened his fortifi- 
cations. I don't know what he could do more. His situation puts me in mind, of a similar trans- 
action in the civil wars of France, when the great Conde' on one side, and marshal Twenne on 
the other, with large armies, lay many weeks very near each other. Turenne, conscious of the 
terrible consequences of a victory to himself and country, though the armies were several davs in 
sight of each other, never came to a battle. On his return to the court of France, the queen 
asked him, * Why, marshal, I think you lay several days in sight of your enemy, and you might 
have been up with him at any time ; pray why did you not take him ?' The general very shrewd* 

ly replied, ■ Please your majesty, I was afraid he would take me.' My lords, there 

are three millions of whigs. Three millions of whigs, my lords, with arms in their hanrfs, 
are a very formidable body. 'Twas the whigs, my lords, that set his majesty's royal ancestors 
upon the throne of England. I hope, my lords, there are yet double the number of whigs in 
England, that there are in Ameriea. 1 hope the whigs of both countries will join, and make « 
common cause. Ireland is with the Americans to a man. The whigs of that couhtrj will, 
aud those of this country ought, to think the American cause their own. They are allied to 
each other in sentiment and interest, united in one great principle of defence and resistance; 
they ought therefore and will, run to embrace and support their brethren The cause of ship- 
money, was the cause of all the whigs of England. You shall not take my money -without my 
consent, is the doctrine and language of whigs. It is the doctrine and voice of whigs in America, 
and whigs here. It is the doctrine in support of which, I do not know how many names I cnuld— 
I may — call in this house ; among the living, I cannot say how many I could, to join with me and 
maintain these doctrines with their blood ; but among the dead, I could raise an host innumerable. 
And, my lords, at this day, there are very many sound, substantial, honest whigs, who ought and 
who will consider the American controversy, as a great common cause.' 

" My lords, consistent with the preceding doctrines, and with v. hat I have ever and shall con- 
tinue to maintain, I say, I shall oppose America whenever I see her aiming at throwing off the 
navigation act, and other regulatory acts of trade, made bona fide for that purpose, and wisely 
framed and calculated for the reciprocation of interests, and the general extended welfare and 
security of the whole empire. It is suggested such is their design. I see no evidence of it. But 
to come at a certain knowledge, of their sentiments and designs oii thfs head, it uould be pro- 
per first to do them justice. Treat them as subjects, before you treat them as aliens, rebels, and 
traitors.' 

u My lords, deeply impressed with the importance of taking some healing measures, at this 
jKost alarming, distracted state of our affairs, though bowed down with '* cruel disease, I a»T* 

19 



150 [1TTS, Jan.! HISTORICAL NOTES, &c. 

crawled to this house, to give you my best experience and council ; and my advice is, "to beseech 
his majesty, &c. &c." (1) This is the best I can think of. It will convince America, that you mean 
to try her cause, in the spirit and by the laws of freedom and fair inquiry, and not by codes of blood. 
How can she now trust you, with the bayonet at her breast? She has all the reason in the world 
now, to believe you mean her death or bondage.' 

" ' Thus entered on the threshhold of this business, I will knock at your gates for justice without 
ceasing, unless inveterate infirmities stay my hand. My lords, I pledge myself never to leave 
this business: I will pursue it to the end in every shape. I will never fail of my attendance on it, 
at every step and period of this great matter, unless nailed down to my bed by the severity of 
disease. My lords, there is no time to be lost ; every moment is big with dangers. Nay, while I 
am now speaking, the decisive blow may be struck, and millions involved in the consequence. 
The very first drop of blood will make a wound, that will not easily be skinned over. "Years, per- 
haps ages may not heal it. It will be irritabile vulnus, a wound of that rancorous, malignant, cor- 
roding, festering nature, that in all probability, it will mortify the whole body. Let us then, my 
lords, set to this business in earnest, not take it up by bits and scraps as formerly, just as exigencies 
pressed, without any regard to the general relations, connexions and dependencies. 1 would not 
by any thing I have said, my lords, be thought to encourage America to proceed beyond the right 
line. I reprobate all acts of violence by her mobility, but when her inherent constitutional rights 
are invaded, those rights that she has an equitable claim to the full enjoyment of, by the fundamen- 
tal laws of the English constitution, and ingrafted thereon by the fundamental laws of nature, then 
I own myself an American, and feeling myself such, shall to the verge of my life, vindicate those 
rights against all men, who strive to trample upon or oppose them.' 

Lord Camden's speech is represented to have been Tery powerful, the following is an outline, 
as taken down at the same time by Mr. Quincy. (2) 

" His lordship opened briefly upon the nature of property, the right of taxation, and its insepara- 
bility from representation. * My lords (he said) I will not enter into the large field of collateral 
reasoning, applicable to the abstruse distinctions touching the omnipotence of parliament. The de- 
claratory law sealed my mouth. But this I will say, not only as a statesman, politician and philo- 
sopher, but as a common lawyer, my lords, you have no right to tax America. I have searched 
the matter. I repeat it, my lords, you have no right to tax America. The natural rights of man, 
and the immutable laws of nature, are all with that people. Much stress is laid on the supreme 
legislative authority of Great Britain, and so far as the doctrine is directed to its proper object, I 
accede to it But it is equally true, according to all approved writers on government, that no man, 
agreeable to the principles of natural or civil liberty, can be divested of any part of his property 
without his consent. Every thing has been staked on this single position, that acts of parliament 
must be obeyed ; but this general, unconditional, unlimited assertion, I am far from thinking ap- 
plicable to every possible case that may arise, in the turn of times. For my part I imagine, that a 
power resulting from a trust arbitrarily exercised, may be lawfully resisted ; whether the power is 
lodged in a collective body, or single person ; in the few or the many. However modified makes 
no difference. Whenever the trust is wrested to the injury of the people, -whenever oppression 
begins, all is unlawful and unjust ; and resistance of course becomes lawful and right. But some 
lords tell us seriously, that administration must reduce the Americans to obedience and submission ; 

that is, you must make them absolute and infamous slaves, and then -what ? We will, say they, 

give them full liberty. Ah! is this the nature of man? No my lords, I would not trust myself, 
American as I am, in this situation. I do not think I should, in that case, be myself for giving 
them liberty. No, if they submitted to such unjust, such cruel, such degrading slavery, I should 
think they were made for slaves ; that servility was suited to their nature and genius. I should 
think ihey would best serve this country, as their slaves ; that their servility would be for the be- 
nefit of Great Britain ; and I should be for keeping such Cappadocians in a state of servitude, 
Such as was suited to their constitution, and might redound much to our advantage. 

" My lords, some noble lords talk very much of resistance to acts of parliament. King, lords, 
and commons, are fine sounding names. But, my lords, acts of parliament have been resisted in 
all ages. King, lords, and commons, may become tyrants as well as others. Tyranny in one or 

(I) Words of his motion. (2) He observes, " lord Camden spoke next on the side of Amer- 
ica, and in support of the motion. He equalled lord Chatham in every thing, but that fire and 
pathos which are tlie torte of his lordship. In framing, perspicuity, (Uidpurc eloquence, proba* 
tly no one ever surpassed lord Camden." 



[1775, Jan.] HISTORICAL NOTES, &c. 151 

more is the same. It is as lawful, to resist the tyranny of many, as of one. Somebody once asked 
the great Mr. Selden, in what law-book, in what records or archives of the state, you might tind 
the law for resisting tyranny. * I don't know (said Mr. Selden) whether it is worth your while, to 
look deeply into the books upon this matter ; but I'll tell you what is most certain, that it has 
always been the custom of England — and the custom of England, is the law of the laud.' 

" There is a gentleman, whom I need not name, his works are well received and well known, 
(Blackstone) who avoids stating any rule, when resistance is lawful j and he lays down the revolu- 
tion as the only precedent. He says, that the various circumstances, events and incident, that may 
justify it, cannot be defined ; but the people at large will judge of their welfare and happiness, and 
act accordingly. The same writer says, that whenever a case exactly similar in all its parts ana cir- 
cumstances to the revolution, when a case shall run upon ail fours with that, then the law seems to 
be settled that resistance is lawful. I do not pretend to quote his words. I think his meaning is 
Tery much as I have stated it. But undoubtedly, in cases in many respects dissimilar, but in equal 
degree tyrannical and oppressive, resistance may be lawful, and the people in all ages, countries, 
and climes, have at times known these things, and they have, and will for ever act accordingly." 

Notwithstanding all that could be urged by many eminent speakers, on a division, there appear- 
ed but 18 lords for the motion, 77 against it. 

" The language of the lords in administration, was high and decisive. And it was declared, that 
the mother country should never relax, till America confessed her supremacy; and it was acknow- 
ledged to be the ministerial resolution, to enforce obedience by arms. 

" [Jan. 23-3 The principal trading and manufacturing towns in the kingdom, having waited to 
regulate their conduct as to American affairs, by that of the merchants of London and Bristol, 
followed the example of these two great commercial bodies, and prepared petitions upon that sub- 
ject, to be presented to parliament. 

" The petition from the merchants of London, was of course the first delivered, and it was moved 
to be referred to the committee appointed to take into consideration the American papers ; but it 
was moved by way of amendment on the ministerial side, that it should be referred to a separate 
committee to meet on the 27th, the day succeeding that appointed for the consideration of Ame- 
rican papers. This was objected to as a shameful pitiful evasion ; but upon the question's being 
put, the amendment was carried, 197 against 81 who supported the original motion. 

" A similar fate attended the petitions from Bristol, Glasgow, Norwich, Liverpool, Manchester, 
Birmingham, Wolverhampton, Dudley, and some other places ; all of which, in turn, were con- 
signed to what Mr. Burke termed — the committee of oblivion. 

"[Jan. 26.] On the day appointed for the consideration of American affairs, a second and very 
strong petition was presented from the merchants of London. On which it was moved, that the 
order for referring the merchants petition to a separate committee should be discharged, and that 
it should be referred to a committee of the whole house, appointed to consider the American af- 
fairs. The indignity and mockery offered to so great a body as the merchants of Loudon, by the 
late resolution, which with an insidious affectation of civility, received the petition with one hand, 
and threw it out of the window with the other, was painted in strong colours. All the debates, on 
the subject of the petitions, were attended with an unusual degree of asperity, and even acrimony, 
on the side of opposition. The conduct also of the late parliament, was scrutinized without mercy, 
and its memory treated with more than want of respect. A gentleman, remarkable for a sarcas- 
tick poignancy in his observations, in sketching a short history of that parliament, said, ' that they 
began their political life with a violation of the sacred right of election, in the case of Middlesex ; 
that they had died in the act of popery, when they established the Roman catholick religion in 
Canada ; and that they had left a rebellion in America as a legacy.' The motion was rejected 
upon a division by a very great majority — so it went to the committee of oblivion. 

" Though it was then late, a petition was offered from Mr. Bollan, Dr. Franklin, and Mr. Lee, 
6tating that they were authorized by the American continental congress, to present a petition from 
the congress to the king, which petition his majesty had referred to that house, and that they 
were enabled to throw great light upon the subject : they prayed to be heard at the bar in support 
of the said petition.(l) A violent debate ensued. The ministry alledged, that the congress was 

(1) " The agents were informed, that Us majesty could not receive the petition, as such a step 
Would be to acknowledge the legality of that congress." " As it was well known, that the Ameri~ 
cans had formed great expectations from this application, and the minister, only three days before, 
had assigned as a reason of the delay in proceeding on the American business, that such a peti* 



152 [1775, Feb.] HISTORICAL NOTES, &c. 

tio legal body, and none could be heard in reference to its proceedings, without giving that illegal 
body some degree of countenance. It was answered, that the congress, however illegal as to other 
purposes, was sufficiently legal lor presenting a petition. It was signed by the names of all the 
persons who composed it, and might be received as trom individuals. It was said, that it was their 
business, rather to find every plausible reason for receiving petitions, than to invent pretences for 
rejecting them : that the rejection of petitions was one principal, if not the most powerful cause of 
the present troubles : and that this mode of constantly rejecting their petitions, and refusing to 
hear their agents, would infallibly end in universal rebellion, and not unnaturally, as those seem to 
give up the rights of government, who refuse to hear the complaints of the subject. The minis- 
try insulted the petition, as containing nothing but pretended grievances, while they refused tohear 
and discuss it. It was rejected by 218 to 68. This rejection must have been foreseen by all who 
knew, that on die fourth of the month, lord Dartmouth, by the king's orders, had written a 
circular letter to the governors of his majesty's colonies, requiring them to use their utmost en- 
deavours to prevent the holding of any more congresses ; and that the American grievances were 
in the letter termed, pretended. 

" It was evident, that both houses of parliament were ready to adopt any measures, which ad- 
ministration should propose ; and it was confidently believed and asserted, that when the mer- 
chants and manutacturers were deprived of all hopes of preventing the operation of force, it would 
theu become their interest to give all possible effect to it. They would thus become by degrees, a 
principal support of that cause which they now so eagerly opposed."(l) 

" (\F<?6. I.] In the course of the debate on lord Chatham's motion, for addressing his majesty to 
withdraw his troops from Boston, it had been observed by some lords in administration, that it 
was common and easy to censure their measures, but those who did so, proposed nothing better. 
Lord Chatham answered, that he should not be one of those idle censuiers, that he had thought 
long and closely upon the subject, and purposed soon to lay before their lordships the result of his 
meditations, in a plan for healing the differences between Great Britain and the eolouies, and for 
restoring peace to the empire. When he had matured his plan, he (this day) introduced it into 
the house, in the form of a bill for settling the troubles in America. In this he proposed, that the 
colonists should make a full acknowledgment of the supremacy of the legislature, and the superin- 
tending power of the British parliament. The bill did not absolutely decide on the right of taxa- 
tion, but partly as a matter of grace, and partly as a compromise, declared and enacted, * that no 
tollage, tax, or other charge, should be levied in America, except by common consent, in their pro- 
vincial assemblies.' It asserted the right of the king, to send a legal army to any part of his do- 
minions at all times, but declared, * that no military force could ever be lawfully employed, to 
Violate or destroy the just rights of the people.' It also legalized the holding a congress in the 
ensuing JWay, for the double purpose * of recognizing the supreme legislative authority, and super- 
intending power of parliament over the colonies, and for making a free graut to the king, his 
heirs and successors, of a certain and perpetual revenue, subject to the disposition of parliament, 
and applicable to the alleviation of the national debt.' On these conditions the bill proposed, 'to 
restrain the power of the admiralty courts to their ancient limits, and suspended for a limited 
time, those acts which had been complained of by congress.' It proposed to place the judges in 
America on the same footing, as to the holding of their salaries and offices, with those in England; 
and secured to the colonies all the privileges, fram hises, and immunities, granted by their several 
charters and constitutions. His lordship introduced this plan with a speech, in which he explained 
and supported every part of it. When he sat down, lord Dartmouth rose and said, <it contained 
matter of such magnitude as to require consideration, and therefore hoped, that the noble earl 
did not expect their lordships to decide upon it, by an immediate vote, but would be willing it 
should lie on the table for consideration.' Lord Chatham answered, «that he expected no more,' 
but lord Sandwich rose, and in a petulant speech opposed its being received at all, and gave his 

(1) Gord. 



tion was coming over, and that it was f so conciliatory a nature, as to make way for healing 
and lenient measures, and Jor reconciling all matters in an amicable manner ,• such a conduct 
appeared somewhat paradoxical, and indicated that no kind of compromise could take place; 
at the same time, it might be plainly inferred that this austerity on the part of government, was 
just then assumed. Such being the temper which dictated measures, the application by the gene- 
ral assembly of the province of New York to the home of commons, was not permitted to lie upon 
the table." 



[1775, Feb.] HISTORICAL NOTES, &c. 153 

opinion, 'that it ought immediately to be rejected with the contempt it deserved. That he could 
not believe it to be the production of any British peer — that it appeared to him rather the work 
ol some American,' ano turning his face towards Dr. Franklin, who was leaning on the bar, said, 
*hc fancied he had in his eye the person who drew it up, one of the bitterest and most mischiev- 
ous enemies this country had ever known.' This turned the eyes of many lords on the insulted 
American, who, with that self-command, which is peculiar to great minds, kept his countenance 
Unmoved. Several other lords of the administration gave their sentiments also, for rejecting lord 
Chatham's conciliatory bill, urging that it not only gave a sanction to the traitorous proceedings of 
the congress already held, but legalized their future meeting. They enlarged on the rebellious 
temper and hostile disposition of the Americans, and said, ' that, though the duty on tea was the 
pretence, the restrictions on their commerce, and the hopes of throwing them off, were the real 
motives of their disobedieuce, and that to concede now, would be to give up the point forever.' 

" The dukes of Richmond and Manchester, lord Camden, lord Ly ttleton, and others, were for 
receiving lord Chatham's conciliatory bill — some from approbation of its principles, but others, 
only from a regard to the character and dignity of the house. 

" Lord Dartmouth, who, lroni indecision, rarely had any will or judgment of his own, and who 
with dispositions for the best measures, could be easily prevailed upon to join in support of the 
worst, finding the opposition from his coadjutors in administration unexpectedly strong, turned 
round and gave his voice with them, for immediately rejecting the plan. Lord Chatham, in reply 
to lord Sandwich, declared 'the bill proposed by him to be entirely his own, but he made no 
scruple to declare, that if he were the first minister of the country, and had the care of settling 
this momentous business, he should not be ashamed of publickly calling to his assistance a person, 
so perfectly acquainted with the whole ol the American affairs, as the gentleman alluded to, and so 
injuriously reflected upon. (Dr. Franklin) — One « hom all Europe held in high estimation for his 
knowledge and wisdom, and ranked with her Boyles and her £>ewtons — who was an honour, not 
only to the English nation, but to human nature.' 

" The plan proposed by lord Chatham was rejected, by a majority of 64 to 32, and without 
being admitted to lie on the table. That a bill on so impottant a subject, offered by one of the first 
men of the age, and who, as prime minister of the nation, had but a few years before, taken up 
Great Britain when in the lowest despondency, and conducted her to victory and glory, through 
a war with two of the most pow ertul kiugdoms of Europe ; should be rejected without any consi- 
deration, or even a second reading, was not only a breach of decency, but a departure from that 
propriety of conduct, which should mark the proceedings of a branch of the national legislature. It 
could not but strike every thinking American, that such legislators, influenced by passion, preju- 
dice, and party spirit, many of whom were totally ignorant of the subject, and who would not give 
themselves an opportunity by a second reading, or farther consideration, to inform themselves 
better, were very unfit to exercise unlimited supremacy over three millions of virtuous, sensible 
people, inhabiting the other side of the globe. 

" On the day after the rejection of lord Chatham's bill, a petition was presented to the house of 
commons, from the planters of the sugar colonies residing in Great Britain, and the merchants of 
London trading to the colonies. — In this they stated, that the British property in the West India 
islands, amounted to upwards of thirty millions, and that a further property of many millions was 
employed, in the commerce created by the said islands, and that the profits and produce of these 
immense capitals, which ultimately centered in Great Britain, would be deranged and endangered 
by the continuance of the American troubles. The petitioners were on the 16th of the next 
month admitted to a hearing, when Mr. Glover, as their agent, ably demonstrated the folly and 
danger of persevering in the contest, but without any effect. The immediate coercion of the colo- 
nies was resolved upon, and the ministers would not suffer themselves to be diverted from its exe- 
cution. They were confident of success, if they could once bring the controversy to the decision 
of arms. They expected more from conquest, than they could promise themselves by negotiation 
or compromise. The free constitutions of the colonies, and their rapid progress in population, 
•were beheld with a jealous eye, as the natural means of independence. They conceived the most 
effectual method of retaining them long, would be to reduce them soon. They hoped to be able to 
extinguish remonstrance and debate, by such a speedy and decisive conquest, as would give them 
an opportunity to new-model the colonial constitutions, on such principles as would have prevent- 
ed future altercations on the subject of their chartered rights. Every representation that tended 
to retard or obstruct the coercion of the colonies, was therefore considered as tending only to 
prolong the controversy. Confident of victory, aud believing that nothing short of it would re- 



154 [1775, Feb.] HISTORICAL NOTES, &c. 

store the peace ot the empire, the ministry turned a deaf ear to all petitions and representation*. 
They even presumed that the petitioners, when they found Great Britain determined on war.; 
would assist in carrying it on with vigour, in order to expedite the settlement of the dispute. They 
took it for granted, that when the petitioning towns were convinced, that a renewal of the commer- 
cial intercourse between the two countries, would be sooner obtained by going on than turning 
back, that the same interest which led them at first to petition, would lead them afterwards to 
support coercive measures, as the most effectual and shortest way of securing commerce, from all 
future interruptions. 

The determination of ministers to persevere was also forwarded, by hopes of the defection of 
New York from her sister colonies. — They flattered themselves, that when one link of the conti- 
nental chain gave way, it would be easy to make an impression on the disjointed extremities. 

" Truly critical was that momeut to the union of the empire. A new parliament might, with- 
out the charge of inconsistency, have repealed acts passed by a former one, which had been 
found inconvenient on experiment ; but pride and passion, under the specious names of national 
dignity and zeal for the supremacy of parliament, induced the adoption of measures, for immedi- 
ately compelling the submission of the colonies. 

"The repeal of a few acts of parliament would, at this time, have satisfied America. Though 
she had been extending her claims, yet she was still willing that Great Britain should monopolize 
her trade, and that the parliament should regulate it for the common benefit of the empire ; nor 
was she disposed to abridge his majesty, of any of his usual prerogatives. This authority was suffi- 
cient for the mother country to retain the colonists in a profitable state of subordination, and yet 
not so much as to be inconsistent with their claims, or the security of their most important inter- 
ests. Britain viewed the matter in a different light. To recede at this time, would be to ac- 
knowledge, that the ministry had hitherto been in the wrong ; a concession rarely made by private 
persons, but more rarely still by men in publick stations. The leading members in parliament, 
not distinguishing the opposition of freemen to unconstitutional innovations, from the turbulence 
of licentious mobs breaking over the bounds of law and constitution, supposed that to redress 
grievances, was to renounce sovereignty. This inference, in some degree, resulted from the broad 
basis which they had assigned to the claims of the mother country. If, as was contended, on the 
part of Great Britain, they had a right to bind the colonies in all cases whatsoever, and the power 
of parliament over them was absolute and unlimited, they were precluded from rescinding any 
act of theirs, however oppressive, when demanded as a matter of right. They were too highly 
impressed with ideas of their unlimited authority to repeal any of their laws, on the principle that 
they had not a constitutional power to enact them, and too unwise to adopt the same measure on 
the ground of political expediency. Unfortunately for both countries, two opinions were generally 
believed, neither of which was perhaps true in its utmost extent, and one of which was most 
assuredly false. The ministry and parliament of England proceeded on the idea, that the claims 
of the colonists amounted to absolute independence, and that a fixed resolution to renounce the 
sovereignty of Great Britain, was concealed under the specious pretext of a redress of grievances. 
The Americans on the other hand were equally confident, that the mother country not only har- 
boured designs unfriendly to their interests, but seriously intended to introduce arbitrary govern- 
ment. Jealousies of each other were reciprocally indulged, to the destruction of all confidence, 
and to the final dismemberment of the empire. 

" In discussing the measures proposed by the minister for the coercion of the colonies, the 
whole ground of the American controversy was traversed. The comparative merits of conces- 
sion and coercion were placed in every point of view. Some of the minority in both houses of 
parliament, pointed out the dangers that would attend a war with Ameriea — the likelihood of the 
interference of other powers — the probability of losing, and the impossibility of gaining any thing 
more than was already possessed. On the other hand, the friends of the ministry asserted, that 
the Americans had been long aiming at independence — that they were magnifying pretended 
grievances to cover a premeditated revolt — that it was the business and duty of Englishmen at 
every hazard, to prevent its completion, and'to bring them back to a remembrance, that their pre- 
sent greatness was owing to the mother country ; and that even their existence had been purcha- 
sed at an immense expense of British blood and treasure. They acknowledged the danger to be 
great, but said « it must be encountered ; that every day's delay increased the evil, and that it 
would be base and cowardly to shift off for the present an unavoidable contest, which must fall 
with accumulated weight on the heads of their posterity.' The danger of foreign interference 
was denied, and it was contended that an appearance of vigorous measures, with a farther reia» 



(1775, Feb.] HISTORICAL NOTES, &c. 155 

forcementof troops at Boston, would be sufficient to quell the disturbances; and it was urged, 
that the friends of government were both strong and numerous, and only waited for a proper 
support, and favourable circumstances, to declare themselves." (1) 

[Feb. 2.] Neither petitions, arguments, or consequences, availing to close the breach, which had 
been opened by the former parliament, (2) it was now high time for the minister to unfold his 
plan; and the Jirst step was to gain the concurrence of parliament by a strong address on Jlmeri' 
can affairs, and declaring " a rebellion to exist in Massachusetts." 

'« Having prepared the way by a speech, he moved for an address to the king, and for a con- 
ference with the lords, that it might be the joint address of both houses. The address returns 
thanks for the communication of the American papers; and declares, that they find from them, 
that a rebellion actually exists within the province of the Massachusetts bay ; that the parties con- 
cerned in it have been countenanced and encouraged, by unlawful combinations and engagements 
entered into, in several of the other colonies ; that they never can relinquish any part of the so- 
vereign authority over all the dominions, which by law is vested in his majesty and the two houses 
of parliament; but they ever have been, and always shall be ready to pay attention and regard to 
any real grievances, of any of his majesty's subjects, which shall in a dutiful and constitutional man- 
ner be laid before them ; but at the same time they beseech his majesty to take the most effectual 
measures, to enforce due obedience to the authority of the supreme legislature ; and in the most 
solemn manner assure him, that at the hazard of their lives and properties, they will stand by 
him, against all rebellious attempts, in the maintenance of the just rights of his majesty and the two 
houses of parliament. 

" Lord North then gave a sketch of the measures he intended to pursue, which were to send 
a greater force to America, and to bring in a temporary act to put a stop to all the foreign trade 
of the different colonies of JVew England, particularly their fishery on the banks of Newfound- 
land, till they returned to their duty. 

"The address was so loaded with consequences, the extent of which could not be defined, that 
it called up all the powers of opposition ; and even some few of the most moderate in the house, 
seemed to feel a kind of horror at entering upon a measure, so dangerous in the tendency, and 
inexplicable in the event. 

" A gentleman, of the first eminence in the law, followed the minister through the whole detail 
of his speech, and answered the different positions. He insisted, that having examined with legal 
precision the definitions of treason, the Americans were not in rebellion, and said ' Whatever the 
disorders may be, they are created by the conduct of those, whose views are to establish despotism, 
and which are manifest!) directed to reduce America, to the most abject state of servility, as 
a prelude to the realizing the same wicked system in the mother country.' He concladed by 
maintaining, that an opposition to arbitrary measures is warranted by the constitution, and esta- 
blished by precedent. 

" The other gentlemen of the minority entered hut little, into the juridical part of the debate ; 
but maintained, that it would be imprudent for the parliament at this time to declare the distur- 
bances rebellious. They said, ' It is well known no act of violence has been committed in the 
Massachusetts bay, which has not been equalled by something similar in every other province, 
and sometimes even exceeded by acts of a more heinous nature ; that therefore the only effect of 
this violent, but partial declaration of rebellion will be, to delude ourselves into preparations of 
hostility, as if against one province only, when in truth we have to contend with twelve.' 

On the other side, the crown lawyers and ministerial debaters maintained, that such Americans 
as come within certain descriptions, and have been guilty of certain acts, and still persevere in 
the support and commission of such acts, are in a state of actual rebellion ; that the punishment of 
a few of the worst sort of traitors, such as Hancock and his crew, (3) may be sufficient to teach 
the rest their duty in future; and that the boasted union of the colouies will dissolve, the moment 
parliament shows itself resolved on vigorous and severe measures. Some gentlemen of rank in 

(1) Ramsay. (2) By passing the East India co. "tea act" in June, 1773, and the "penal 
bills against Boston and Massachusetts in the spring ofl77i,for destroying the tea &c. 

(3) The idea -was certainly entertained at one time, after the arrival of gen. Gage in May, 1774, of 
seizing on Hancock, Adams, and some others, and transporting them to England to be tried under 
the 35 H. 8. for treason .- but the difficulties were insuperable ; It ivill be seen also, that the Suf- 
folk meeting on the 6fA o/Sep. 1774, by their 13th resolution had declared, they -won Id retaliate 
"upon every servant of the present tyrannical government, &c. until the persons apprehended 
tvere liberated" and congress approved this resalntitn. 



156 [1 775, Feb.] HISTORICAL NOTES, &c. 

the array, treated all idea of resistance by the Americans with the utmost contempt. They said, 
'Thev are neither soldiers, nor ever can be made so, being naturally of a pusillanimous disposi- 
tion, and utterly incapable of any sort of order or discipline ; and by their laziness, uncltanliness, 
and radical defect of constitution, they are disabled from going through the service of a cam- 
paign, but will melt away with sickness before they can face an enemy ; so that a slight force will 
be more than sufficient for their complete reduction.' (1) Many ludicrous stories to that purport 
were told, greatly to the entertainment of the house. A motion however was made for an amend- 
ment, which, upon a division, was rejected by a large majority, 304 against 105. The question 
being then put for (he address, was carried by nearly the same majority. 

" But the minority had not done with the business. Upon receiving the report from the com- 
mittee a few da s after, [Feb. 5.] a noble lord made a motion to re-commit the address, and sup- 
ported it with many arguments. He stated our domestick situation, and inferred the impropriety 
and danger of a declaration from that house, of the existence of a rebellion in any part of our do- 
minions; and showed the desperate measures into which it might precipitate the Americans, and 
the advantage that might be taken of such an occasion by our powerful and watchful neighbours, 
whose ancient enmity and jealousy were much increased by the glory we had acquired, and the 
dis°Tace and loss they had suffered in the last war. He said " My head and my heart join in 
deprecating the horrors of a civil war, which will be rendered still more dreadful, by its involv- 
ing in its certain consequences, a foreign one, with the combined forces of great and powerful 
nations.' 

"This motion introduced the longest and most interesting debate, that had taken place in the 
new parliament. It was acknowledged on all hands, that the present crisis was the most perilous 
and intricate, in which the nation had been involved since the revolution. It was contended by 
those who opposed the motion, that the Americans were not to be won by kindness, or retained 
by benefits ; and that the tenderness, which had been constantly practised by government, had 
produced the present fatal consequences. The danger from foreign powers supporting the Ame- 
ricans, was said to be imaginary ; and it was still contended by several, that an appearance of vigor- 
ous measures, with some reinforcement of the troops at Boston, would prove sufficient to quel! 
the disturbances in America, without the drawing of blood. 

"On the other side, the address was stigmatized as cruel, sanguinary, and unjust. It was 
urged, 'The Americans have given the strongest and most unequivocal demonstrations, of their 
filial piety toward the mother country. They have fought and bled by our side. In the present 
state of distraction, they require no more for the restoration of harmony, than to be placed in the 
same situation they -were in at the close of the last ivar. They have been nursed up, for a long 
series of years, in ideas of certain rights, of which, the electing of their own representatives, 
and the disposal of their own money for the publick service only through them, are among the 
principal. If this is an error, the crown and parliament are equally faulty with the Americans, 
having in their whole conduct constantly nourished the delusion. At the time of the repeal of the 
stamp-act, two of the first names of this kingdom, for ability as well as legal knowledge, beside 
many others, utterly denied the right of taxation. Is it then to be wondered at, that the Ameri- 
cans, with such authorities on their side, are tenacious of a right so invaluable in its nature, which 
has at all times been considered as the distinction between freemen and slaves, which has been 
confirmed by so long a prescription, and upon which, to this instant, the wisest and honestest 
men, even in the mother country, are divided in opinion ? — Philip the second and his seventeen 
provinces, are the counterpart of what we are acting. In comparing the probability of events, 
can any man say, Great Britain has such a prospect of victory in the event, as Spain might then 
have expected ? If we imagine that the powers of Europe will sit still during this contest, we must 
suppose a system of policy now to prevail, or rather an extension of folly, all over Europe, which 
never before was known in any period of its existence. 

"Much ill temper appeared in every part of the house, in the course of these debates. The 
ministry were charged with acting uniformly and systematically upon tory and arbitrary princi- 
ples, which had thrown the whole empire into a state of confusion and distraction. 'In a word,' it 
was said, * the short and simple question before the house is, whether we shall lose the colonies, 
Or give up our ministry. 

'•The ministry on the other hand, talked much about faction at home, and republioan princi- 

(I) " Genera? Grant, -who ought to have known better, declared that ' at the head of five 
regiments of infantry, he -would undertake to traverse the whole country, and drive the inhabi- 
tants from one end of the continent to the other'" 



fl775, Feb.] HISTORICAL NOTES, &c. 157 

pics ; and the Americans being spirited up to their rebellion by incendiary writer-s and speakers 
in England. After a debate, which continued till half an hour after two in the morning, the mo- 
tion for the re-commitment of the address, was rejected by nearly the former majority." 

In the house of lords, on a motion to concur in the address, very animated debates ensued ; the 
questions of treason, rebellion, and constructive treasons, were deeply entered into between lords 
Camden, and Mansfield, on opposite sides : 

"This extraordinary debate, was attended with some singular circumstances. Lord Mansfield, 
to the great surprize of most of his auditors, condemned, in very explicit and unreserved terms, 
the measure of laying on the duties in 1767, which he declared to be the most absurd and per- 
nicious that could be advised, and the cause of all the present impending evils. The duke of? 
Grafton, lord Shelburne, and lord Camden, who were at that time cabinet councillors and held the 
first offices in the state, declared separately in their places, that they had no share in that mea- 
Sure, nor had" ever given any approbation. The manner in which a measure of ministry was 
carried against the opinion of ministers, -was not explained. A disclosure relative to a matter, 
which had already convulsed the whole empire, and was still more to be dreaded in its future 
consequences, excited general amazement, mixt with indignation and regret in individuals. The 
fatal and over-ruling secret influence, which had so long guided and marred all publick affairs, was. 
deplored and animadverted upon in different parts of the house. 

"When the question came to be put, whether to agree with the commons in the address, by 
inserting the words necessary to fill up the blank, it was carried by a prodigious majority. "(1) 

[Feb. 9.] The joint address, " from both lords and commons, was presented to his majesty, in 
which « they returned thanks for the communication of the papers relative to the state of the 
British colonies in America, and gave it as their opinion, that a rebellion actually existed in the 
province of Massachusetts, and beseeched his majesty, that he would take the most effectual mea- 
sures, to enforce due obedience to the laws and authority of the supreme legislature, and begged, 
in the most solemn manner to assure his majesty that it was their fixed resolution, at the hazard 
of their lives and properties, to standby his majesty against all rebellious attempts, in the mainte- 
nance of the just rights of his majesty, and the two houses of parliament. ' 

" The lords, Richmond, Craven, Archer, Abergaveny, Rockingham, Wycombe, Courtenay, 
Torrington, Ponsonby, Cholmondeley, Abingdon, Rutland, Camden, Effingham, Stanhope, Scar- 
borough, Fitzwilliam, and Tankerville, protested against this address, « as founded on no proper 
parliamentary information^ being introduced by refusing to suffer the presentation of petitions 
against it (though it be the undoubted right of the subject to present the same)' — as following the 
rejection of every mode of conciliation — as holding out no substantial offer of redress of grievances, 
and as promising support to those ministers who had inflamed America, and grossly misconducted 
the affairs of Great Britain.' 

" By the address, against which this protest was entered, the parliament of Great Britain pas- 
sed the Rubicon. In former periods it might be alledged, that the claims of the colonies were un- 
defined, and that their unanimous resolution to defend them was unknown ; but, after a free re- 
presentation from twelve provinces had stated their rights, and pledged themselves to each other 
to support them, and their determinations were known, a resolution that a rebellion actually ex- 
isted, aud that at the hazard of their lives and properties, they would stand by his majesty against 
all rebellious attempts, was a virtual declaration of war. Both parties were now bound, in conse- 
quence of their own acts, to submit their controversy to the decision of arms. Issue was joined, by 
the approbation congress had given to the Suffolk resolves, and by this subsequent joint address 
of both houses of parliament to his majesty. It is probable that neither party, in the beginning, in- 
tended to go thus far ; but by the inscrutable operations of Providence, each was permitted to 
adopt such measures as not only rent the empire, but involved them both, with their own consent, 
in all the calamities of a lcsig and bloody war. 

« The answer from the throne to the joint address of parliament, contained assurances of taking 
the most speedy and effettual measures for enforcing due obedience to the laws, and authority oi 
the supreme legislature. This answer was accompanied with a message to th- commons, in 
which they were informed, that sntue augmentation to the forces by sea and land would be ne- 
cessary. An augmentation of 4383 men to the land forces, and of 2000 seamen, to be employed 
for the ensuing year, was accordingly asked for, and carried without difficulty. Bv the firs* ii ■.. «9 
stated, that the force at Boston would be ten thousand men, a number supposed to be sufficient for 
enforcing the laws. 

(1) Gord. 
£0 



MS [1775, Feb.] HISTORICAL NOTES, &c. 

[Feb. 10.] The king, parliament, and nation, being thus pledged, and a military additional force 
Toted ; the minister proceeded with his other schemes of compulsion ; " with this view a punish- 
ment was proposed, so universal in its operation, that it was expected the inhabitants of the New 
England colonies, to obtain a riddance Kf its heavy pressure, would interest themselves in procu- 
ring a general submission to parliament. Lord North therefore, on this day, moved for leave to 
bring in a bill 'to restrain the trade and commerce, of the provinces of Massachusetts bay and 
New Hampshire, the colonies of Connecticut and Rhode Island and Providence Plantations, in 
North America; to Great Britain, Ireland, and the British islands in the West Indies; and to pro. 
hibit such provinces and colonies from carrying on any fishery on the banks of Newfoundland, or 
other places therein to be mentioned, under certain conditions, and for a limited time. (1) The 
motion for this bill was supported by declaring, that as the Americans had refused to trade with 
the mother country, they ought not to be permitted to trade with any other. It was known that 
the New England colonies carried on a circuitous trade and fishing, on the banks of Newfoundland, 
to a great extent. To cut them off from this resource, they were legislatively forbidden to fish, 
or to carry on foreign trade. It was presumed that the wants of a large body of people deprived 
of employment, would create a clamor in favour of reconciliation. 

" The British ministry expected to excite the same temper in the unemployed New England- 
men, that congress meant to raise by the non-importation agreement, among the British mer- 
chants and manufacturers. The motion for this bill, brought into view the whole of the American 
controversy. The opposers of it said, that its cruelty exceeded the examples of hostile rigor with 
avowed enemies ; for that in the most dangerous wars, the fishing craft was universally spared — 
they desired the proposer of the bill to recollect, that he had often spoken of the multitude of 

(1) XII Stats. 227. 15 Geo. 3. c. 10. Passed March 13, 1775. — "An act to restrain the trade 
and commerce of the provinces of Massachusetts bay and New Hampshire, and colonies of Con* 
necticut, and Rhode Island and Providence plantations in North America, to Great Britain, 
Ireland, and the British islands in the West Indies ; and to prohibit such provinces and colonies 
from carrying on any fishery on the banks of Newfoundland, or other places therein me?itioned, 
tinder certain conditions andlimitationsP 

It recites, that whereas during the continuance of the combinations and disorders, which at 
this time prevail within the provinces of Massachusetts bay, New Hampshire, Connecticut, and 
Rhode Island, to the obstruction of commerce, &c. andin violation of the laws' of the realm, it is 
highly unfit that the inhabitants of said provinces, should enjoy the same benefits and privileges 
of trade &c. to which his majesty's faithful arid obedient subjects are entitled; — enacts that after 
July 1, 1775, no goods &c. enumerated in the Stat, of 12 Car. 2. of the growth product or manu- 
facture of these colonies, shall be exported to any other colony or place whatsoever, nor to Great 
Britain; nor shall any of said enumerated goods &c. imported into these colonies, be exported to 
any other colony or place, except to Great Britain, or to the British Islands : — and that no other 
of the goods &c. of the growth, product, or manufacture of said colonies, or which shall at any 
time have been brought into the same, shall be exported to any other port or place whatsoever , 
except to Great Britain, Ireland, or tlie British islands of the West Indies. 

The aet then provides-, that bonds shall be given on exportation, for their being exported and 
landed according to the act ; — and ship and cargo forfeited if goods laden &c. before the bond 
given and certificate thereof by the collector &c. 

That after Sep. 1, 1775, no wines or salt, or any commodities whatsoever (except horses, vic- 
tuals, and linen cloth from Ireland,) shall be imported into these colonies, except from Great 
Britain direct, upon forfeiture of the ship and cargo— And on the arrival, or at any place -with- 
in 2 leagues of the shore, such ship &c. may be seized by any naval commissioned officer, col- 
lector &c. — It excepts imports, and exports, of said provinces,' for victualling his majesty's ships 
&v, troops, garrisons &c. also importations from the British West Indks, &c. 

After July 20, every vessel belonging to any British subject, not belonging to and fitted out 
fro7n Great Britain, Ireland, Gurnsey, Jersey, Sark, Alderney, or Man, and carrying on any 
"fishery ore the banks of Newfoundland, Coast of Labrador, Gulf of St Lawrence, Coast of Cape 
Breton, JYova Scotia, or other part of the Coast of North America, or having materials on 
board for carrying on the same shall, vessel, cargo, &c. be forfeited, uzless the master produces 
a certificate from the governor, or commander of his majesty's s/dps tf war on said stations, 
that such ship was fitted out from &c. the colonies of Quebec, Newfuxndland, St. Johns, Nova 
Scotia, New York, New Jersey, Pennsylvania, Maryland, Virginia, North Carolina, South 
Carolina, Georgia, East Florida, West Florida, or the Baliamas, and Bermudas. 

His majesty's ships of war may search and seize, all ships so carrying on said fishery, n$t 
having such certificate. 

This act not to affect ships fitted out for the whale fishery before June 1, — nor Nantucket 
whale slaps ; nor Marshfield and Scituate townships in Massachusetts, carrying on the macka- 
rel, shad, and alewife fisheries. 

Provision is made, that upon the proclamation of the respective governors &c. of those colonies, 
that peace is so far restored in the same, that commerce may be safely e<\rried on &c. theprthi° 
i it ions of the act, with respect to such province shall cease &c. 
AHpemlties recoverable in the admiralty &c. as in other cases. 



[im,Feb.l HISTORICAL NOTES, &c. 159 

friends he had in those provinces, and that now he confounded the innocent with the guilty, 
friends with enemies, and involved his own partizans in one common ruin with his opposers. 
They alledged farther, that the bill would operate against the people of Great Britain, as the 
people of New England were in debt to them, and had no other means of paying that debt 
but through the fishery, and the circuitous trade depending on it. It was observed, that the 
fishermen, being cut off from employment, must turn soldiers ; and that therefore, while they 
were provoking the Americans to resistance by one set of acts, they were furnishing them with 
the means of recruiting an army by another. The favourers of the bill denied the charge of se- 
verity, alledging that the colonists could not complain of any distress the bill might bring on them, 
as they not only deserved it, but had set the example ; that they had entered into unlawful com- 
binations, to ruin the merchants and manufacturers of Great Britain. It was said, that if any 
foreign power had offered a similar insult or injury, the whole nation would have demanded satis- 
faction. They contended that it was a bill of humanity and mercy; for, said they, the colonists 
have incurred all the penalties of rebellion, and are liable to the severest military execution. 
Instead of inflicting the extent of what they deserved, the hill only proposes to bring them, to 
their senses, by restricting their trade. They urged farther, that the measure was necessary, for, 
said they, ' the Americans have frequently imposed on us, by threatening to withdraw their 
trade, hoping through mercantile influence to bend the legislature to their demands — that this 
was the third time they had thrown the commerce of Great Britain into a state of confusion — 
That both colonies and«commerce were better lost, than preserved on such terms.' They added 
farther, that they must either relinquish their connexion with America, or fix it on such a basis as 
would prevent a return of these evils. They admitted the bill to be coercive, but said, « That the 
coercion which puts the speediest end to the dispute, was eventually the most merciful." (1) 

"In the progress of the bill, the London merchants and traders interested in the America* 
commerce, petitioned against it, and were allowed to be heard. In consequence of this, a long 
train of witnesses were examined, and it appeared, that in 1764, the four New England colonies 
employed in their several fisheries, no less than 45,880 ton of shipping, and 6002 men, and that 
the produce of their fisheries in the foreign markets for that year, amounted to 322,2301. 16s. 
sterling — that the fisheries were greatly increased — that all the materials used in them, except 
salt, and the timber of which their vessels were built, were taken from this country, and that the 
nett proceeds of the fish were remitted here — and that there was near a million of money owing 
from New England to the city of London only. They stated to the house, that the calamities 
consequent upon the bill, must fall in a particular degree upon the innocent. The case of the 
inhabitants of Nantucket, would be particularly hard. They amounted to some thousands; nine- 
tenths of them quakers, inhabiting a barren land ; but by an astonishing industry, they kept 140 
vessels in constant employ, eight in the importation of provisions for the island, and the rest in 
the whale fishery. 

" [Feb. 20.] While the bill was pending, lord North amazed all parties, and seemed for a time 
nearly to dissolve his own, by a conciliatory motion in regard to America. It proposed, " That 
when the governor, council and assembly, or general court of his majesty's provinces or colonies, 
shall propose to make provision, according to their respective conditions, circumstances, and situ- 
ations, for contributing their proportion to the common defence, (such proportion to be raised 
under the authorities of the general court, or general assembly of such province or colony, and 
disposable by parliament) and shall engage to make provision also for the support of the civil go- 
vernment, and the administration of justice in such province or colony, it will be proper, if such 
proposal should be approved by his majesty in parliament, and for so long as such provision shall 
be made accordingly, to forbear, in respect of such province or colony, to levy any duties, tax, or 
assessment : or to impose any further duty, tax, or assessment, except only such duties as it 
may be expedient to impose for the regulation of commerce, the nett produce of the duties 
last mentioned, to be carried to the account of such proyince, colony or plantation, respec- 
tively. "(2) 

" This was introduced by the minister in a long speech, in which he asserted, that it would be 
an infallible touch-stone to try the Americans ; * if,' said he, • their opposition is only founded on 
the principles which they pretend, they must agree with this proposition, but if they have designs 
in contemplation different from those they avow, their refusal will convict them of duplicity.' The 
-opposition to (he minister's motion, originated among those who had supported him in previous 

(1) Ramsay, (2) Gorif. 



160 [l?75,Feb.] HISTORICAL NOTES, &c. 

questions. They objected to the proposal, that in effect it was an acknowledgment of something 
grievous in the idea of taxing America by parliament, and that it was therefore a departure from 
their own principles. The* contended, that it was improper to make concessions to rebels with arms 
in their hands, or to enter into any measures for a settlement with the Americans, in which they 
did not, as a preliminary, acknowledge the supremacy of parliament. The minister was likely to 
be deserted by some of his partizaus, till others explained the consistency of the scheme with their 
former declarations. It was asked, ' what shall parliament lose by acceding to thU resolution f 
Not the right of taxing America, for this is most expressly reserved. Not the profitable exercise 
of this right, for it proposed to entorce the only essential part of taxation, by compelling the Ame- 
ricans to rai^e not only what they, Lut what we, think reasonable. We are not going to war for 
triflrs and a vain point of honour, but for substantial revenue.' The minister farther declared, 
that he did not expect his proposition to be generally relished by the Americans. But, said he, 
if it does no good in the colonies* it will do good here ; it will unite the people of England, by 
bottling out to i hem a distinct object of revenue. He added, farther, as it tends to unite England, 
it is lufeety to disunite America, for if only one province accepts the offer, their confederacy, which 
Only makes them formidable, will be broken. 

" The opposers of ministry attacked the proposition, with the combined force of wit and argu- 
ment. (1) They animadverted on the inconsistency of holding forth the same resolution as a mea- 
sure of concession, and as an assertion of authority. They remarked, that hitherto it had been 
constantly denied that they had any contest about an American revenue — that the whole had 
been a dispute about obedience to trade-laws, and the general legislative authority of parliament ; 
but now ministers suddenly changed their language, and proposed to interest the nation — console 
the manufacturers, and animate the soldiery — by persuading them that it is not a contest for empty 
honour, but for the acquisition of a substantial revenue. It was said that the Americans would be 
as effectually taxed, without their consent, by being compelled to pay a gross sum, as by an aggre- 
gate of small duties to the same amount. That this scheme of taxation exceeded in oppression, any 
that the rapacity of mankind had hitherto devised. In other cases a specifick sum was demanded, 
and the people might reasonably presume that the remainder was their own ; but here, they were 
•wholly in the dark as to the extent of the demand 

" This proposition, however, for conciliation, though illy relished by many of the friends of 
ministry, was carried on a division of 274 to 88." (2) 

[Feb. 27.] A petition was also presented from the Quakers, in behalf "of their brethren and 
Others, the inhabitants of Nantucket, in which they stated their innocence and industry, the 
utility of their labours to themselves and the community, the hazards attending their occupations, 
and the uncertainty of their gains ; and showed, that if the bill passed into a law, they must shortly 
be exposed to all the miseries of a famine. 

« In every stage of the bill, the debate re-kindled ; and in the course of it, the minority observ- 
ed, 'When it was thought wisdom to overthrow established privileges and to combat national 
prejudices, by starting the new claim of taxation, the Americans went no further than to deny 
our right of internal taxation. Having gained the point of urging them to question one right we 
soon convinced them, both by argument and practice, that an external tax might be made to an- 
swer all the purposes, and to produce all the mischiefs of internal taxation. They then denied 
our right of taxing for supply. Parliament then proceeded to deprive them of their charter and 
to change the course of justice and trials. Then they were pushed to deny the power of internal 
legislation. But still, they had hitherto never formally rejected the power of parliament to hind 
their trade. We are now to convince them, however, that if but a single branch of legislative 
power is left to this country, we can distort that branch in such a manner, that it shall include all 
the purposes of unlimited tyranny.' It appeared upon evidence, at the bar of the bouse, that by 
the operation of the bill, many thousands of innocent inhabitants would be reduced to the sad 
alternative, either of perishing through want at home, or of removing to some other less rigorous 

(1) Mr. Gordon observes, " The numerous high prerogative party, -who had ever opposed anv 
relaxation in favour of the colonies, heard the proposition -with horror, and considered themselves 
us abando7ied or betrayed. They pronounced it a shameful prevarication, and a mean departure 
from principle ,- and finally concluded -with declaring, that they would make no concessions to 
rebels with arms in tfieir hands,- and that they would enter into no measure for a settlement 
7eith the Americans, in which an express and definitive acknowledgment from them of the su- 
premacy of parliament, was not a preliminary wticle." (2) Jiamsay. 



£1775, Mar.l HISTORICAL NOTES, &c. 161 

government for protection and support ; so tbat a famine among the New Englanders was predict- 
ed, as the consequence of the bill. 

" Some gentlemen on the other side of the question, acknowledged the harshness of the mea- 
sure ; but lamented its being indispensably necessary. A. much greater number contended, that 
the bill was in an high degree merciful, and that the New England colonies did not want resources 
to prevent a famine. A few went so far, as to regret that the bill did not convey punishments 
adequate to the crimes of the Americans, and to dread that the famine which had been strongly 
prognosticated, and pathetically lamented, would not take place. It passed the commous March 
8th, by the usual majority." 

In the house of lords, the bill met with the same violent opposition ; the marquis of Rockingham 
opposed it with great ability ; in his speech he showed, " that in 1704, the whole amount of the 
exports to the New England colonies was only about 70,0001. annually ; that in 1754, it had arisen 
to 180,000, in the succeeding ten years to 400,0001. and in the last ten years, had nearly doubled 
that sum. 

The bill was carried by a majority of more than three to one ; but was productive of a protest, 
signed by sixteen lords." (1) (2) 

It will be perceived, that the weight of this first "restraining fishery bill," was intended to light 
on the four A'ew England states ; particularly in its prohibition of the fisheries : however, finding 
other colonies had made common cause, it was soon determined upon, to extend the prohibitions 
of the export trade and fisheries, to the rest of the colonies, except New York, North Carolina, 
and Georgia. 

[March 9.] Accordingly, the minister introduced a second bill entitled, " an act to restrain the 
trade and commerce of the colonies of New Jersey, Pennsylvania, Maryland, Virginia, and South 
Carolina ; to Great Britain, Ireland, and the British islands in the West Indies, under certain con- 
ditions and limitations. (3) 

This act extends all the provisions of the previous restraining act, and for the same reasons con- 
tained in the preamble of that act, to the colonies of New Jersey, Pennsylvania, Maryland, Vir- 
ginia, and South Carolina, and to the three counties of Delaware ; so far as to prevent the export 
from thence of the products of Pennsylvania, New Jersey, Maryland, or Virginia, or any but 
their own products." 

The reasons assigned for this bill, were " the same with those offered for the other. These 
provinces had adopted the continental association. The British minister thought it proper, that 
as they had voluntarily interdicted themselves from trade with Great Britain, Ireland, and the 
West Indies ; they should be restrained from it, with all other parts of the world. He contended, 
that the inhabitants of the colonies might render this act a dead letter, by relinquishing ttieir own 
resolutions, as then they would meet with no restraint in carrying on trade in its ancient legal 
channel. It is remarkable, that two of the associated colonies, viz. New York, and North Caro- 
lina, were omitted in this restraining bill. Whatever might be the view of the British ministry for 
this discrimination, it was considered in the eolonies as calculated to promote disunion among 

(1) This measure of depriving the New England colonies from my tradein the Newfoundland 
fisheries, was caladated to inflict the most severe and extensive distress and injury ,• by these bills 
the export trade to Englandandher West India possessions, was in other things allowed, but the 
provinces were not allowed to carry fish even to Great Britain or her possessions ,• the fisheries 
both nourished the rigour, and advanced the consequence of the New Englanders ; fisheries not 
only supplied multitudes of their own people with food, but trained a race of seamen as robust t 
hardy and undaunted, as any upon the globe. The vessels employed therein, were privileged to 
dispose of their cargoes in any ports south of Cape Finistcrre ; so that the rigid disciple of John 
Calvin, furnished the catholicks of Portugal, Spain, and even of the Italian states, with their 
Lenten entertainment. The returns made in these voyages were brought to the ports of Great 
Britain, and became the payment for British manufactures, with which these ships were freight- 
ed home. To prohibit a commerce so extensive, and which employed several thousand Ameri- 
cans, was a bold step. It invested the governor of each province, with such a power to discri- 
minate between rebels and loyalists, fiesh and blood could scarcely be supposed capable of exer- 
cising, disinterestedly and justly. It tended to convert into enemies a very powerful body of men, 
and no satisfactory proof was adduced, that the fisheries could be carried on to an equal extent, 
and as effectually, from any oj the ports of Great Britain or Ireland. 

Whatever inconveniences the New England colonists endured from this proliibition, then 
jound means, however, to repay the injury in kind upon tlie Briiishfisheries at Newfoundland ,• 
for, by withholding their wonted supplies of provision from- them, all the distresses of famine, 
were suffered for a considerable time, until they received a supply from Ireland, whereby ■ex- 
hausted life was repaired; but the means of subsistence became from that time more precarious 
endless ilbmidantr (J) Cord. (3) ^.11 Stats. 257. IS G.3. e. 18. March 13, 1775. 



162 [m5, Mar.] HISTORICAL NOTES, &c. 

them. It is certain, that the colonies which were exempted from its operation, might hate 
reaped a golden harvest from the exemption in their favour, had they been disposed to avail 
themselves of it. But such was the temper of the times, that a renunciation of immediate advan- 
tage in favour of the publick, was fashionable. The selfish passions, which in seasons of peace 
are too often the cause of quarrels, were hushed by the pressure of common danger. The ex- 
empted colonies spurned the proffered favour, and submitted to the restraints imposed on their 
less favoured neighbours, so as to be equal sharers of their fate." 

" While this bill was in agitation, a long series of evidence, in behalf of the "West India mer. 
chants and planters, was laid before the house. It appeared, that upon a very moderate com- 
putation, the capital in the West India islands, consisting of lands, buildings, negroes and stock of 
all kinds, did not amount to less than 60,000,0001. sterling; that their exports of late years to 
Britain, ran to about 190,000 hogsheads and puncheons ot sugar and ram annually ; amounting in 
•weight to 95,000 tons, and in value about 4,000,0001. exclusive of a great number of smaller arti- 
cles, and of their very great export to North America ; that their growth was so rapid, and im- 
provement so great, that within a few years their export of sugar to this kingdom, was increased 
40,000 hogsheads annually, amounting to about 800,0001. in value. The probability was apparent^ 
that more than half of the capital of 60,000,0001. was either the immediate property of persons 
resident in this country, or owing to them ; and also that the revenue gained above 760,0001. a year 
upon the direct West India trade, exclusive of its eventual and circuitous products, and of the 
African trade. 

\_March19,.~\ "Lord Chatham's plan was not cordially relished by many who wished a recon- 
ciliation with America, and indeed, independent of the particular views and private interests of 
the several leaders (a source of disagreement sufficiently fruitful) nothing could be more com- 
plicated than the business of adjusting a practical plan of reconciliation, such as would cause their 
rising resentments to subside, their jarring interests no longer to clash, and the apprehension of 
future rivalship to be removed : this was so stupendous a work, as perhaps to surpass the powers 
of humanity, unsupported by the supreme authority of the state. It was however attempted 
(maugre royal patronage) by a man, in whom natural endowments, and acquired accomplish- 
ments, appear in their full lustre." 

With this view, Mr. Burke (not yet hopeless,) on this day brought froward his " plan of con- 
ciliation," in a series of resolutions, which he supported by the following speech. 

ME. BURKE'S SPEECH. (1) 
Mr. Speakeb, 

" I hope, sir, that notwithstanding the austerity of the chair, your good nature will incline yoa 
to some degree of indulgence towards human frailty. You will not think it unnatural, that those 

From the commencement of the disputes bettveen the mother country and the colonies, 
T )urke seems to have directed a very diligent attention to the subject, asi?ivohring the pri- 
mary interests of the empire. By maintaining a constant intercourse -with many of the e?ilight~ 
ened characters in the different provinces, he acquired a more extensive and intimate knowledge 
of the physical and moral condition of the country, with its real views, dispositions, and resour- 
ces than, perhaps, was attained by any of his cotemporaries. 'Che result of this superiour intel- 
ligence was, a decided conviction, wliich he carried through every stage of the controversy, that 
the exasperated feeling existing in the colonies coidd only be allayed, and their alienated attach- 
ment revived and permanently secured, by placing them exactly on the same Jooting on wldch they 
stood, previous to the introduction of the new and arbitrary system of government. An attempt to 
sustain the pretensions of the 'parent state, whether right orwrong, by force, he uniformly predicted 
ivould prove impracticable, and must, if adhered to, eventuate in her discomfiture and disgrace. 

" To reconcile, by an entire repeal of all the offensive measures, coupled with a solemn renun- 
ciation of the principles on which they were founded, so as to leave no just cause of complaint, 
was the counsel which he strenuously urged. 

" In the genuine spirit of this wise and liberal policy he moved, with the hope of dispersing the 
dark cloud of calamities which he saw impending over the empire, a series ofpropositio?is, on the 
Zld of March, 1775, which he enforced by an exertion of eloquence that has rarely been equal- 
led. These propositions will be found in the body of the speech as they were severally opened. 
They were all rejected by a large majority. 

" hi his preceding speech, on taxatioji, having very luminously traced the different schemes 
of colonial regulation which arose out of the fluctuating councils of the mother country, Mr. 
Burke, i?i the present one, describes with a surprising amplitude and accuracy of information, 
the internal state of the American dependencies, as relates to their population, agriculture, ancl 
commerce, and delineates with his usual skill and nicety of discernment, the genius and charac- 
ter of the people. 

"From these two productions, it has truly been said, that more m.ay be learnt of the history of 



I [1775, Mar.] HISTORICAL NOTES, &C (Burke's Speech.) 163 

| who have an object depending, which strongly engages their hopes and fears, should be somewhat 

f inclined to superstition. As I came into the house full of anxiety about the event of my motion, 

'! I found to my infinite surprise, that the grand penal bill, by which we had passed sentence on the 

ij trade and sustenance of America, is to be returned to us from the other house. (1) I do confess, 
I could not help looking on this event as a fortunate omen. I look upon it as a sort of providen- 

i tial favour, by which we are put once more in possession of our deliberative capacity, upon a busi- 

I ness so very questionable in its nature, so very uncertain in its issue. By the return of this bill, 

I I which seemed to have taken its flight forever, we are, at this very instant, nearly as free to choose 
i a plan for our American government, *s we were on the first day of the session. If, sir, we fa- 
il cline to the side of conciliation, we are not at all embarrassed (unless we please to make ourselves' 
' so )» by any incongruous mixture of coercion and restraint. We are therefore called upon, as it 
j were by a supertour warning voice, again to attend to America; to attend to the whole of it to- 
gether ; and to review the subject with an unusual degree of care and calmness. 

" Surely it is an awful subject, or there is none so on this side of the grave. "When I first had 
I the honour of a seat in this house, (2) the affairs of that continent pressed themselves upon us, as 
the most important and most delicate object of parliamentary attention. My little share in this 
i great deliberation oppressed me. I found myself a partaker in a very high trust ; and having no 
sort of reason to rely on the strength of my natural abilities for the proper execution of that trust, 
I I was obliged to take more than common pains, to instruct myself in every thing which relates 
i to our colonies. I was not less under the necessity of forming some fixed ideas, concerning the 
!i general policy of the British empire. Something of this sort seemed to be indispensable, in order, 
j amidst so vast a fluctuation of passions and opinions, to concentre my thoughts ; to ballast my con- 
duct ; to preserve me from being blown about by every wind of fashionable doctrine. I really 
did not tliiuk it safe, or manly, to have fresh principles to seek upon every fresh mail, which should 
arrive from America. 

" At that period, I had the fortune to find myself in perfect concurrence, with a large majority 
in this house. Bowing under that high authority, and penetrated with the sharpness and strength 
of that early impression, I have continued ever since, without the least deviation in my original 
sentiments. Whether this be owing to an obstinate perseverance in error, or to a religious ad- 
herence to what appears to me truth and reason, it is in your equity to judge. 

" Sir, parliament having an enlarged view of objects, made during this interval, more frequent 
changes in their sentiments and their conduct, than could be justified in a particular person upori 
the contracted scale of private information. But though I do not hazard any thing approaching 
to a censure, on the motives of former parliaments to all those alterations, one fact is undoubted ; 
tha* under them the stati of America has been kept in continual agitation. Every thing admin- 
istered as remedy to the publick complaint, if it did not produce, was at least followed by, an 
heightening of the distemper ; until, by a variety of experiments, that important country has 
been brought into her present situation ; a situation which I will not miscall, which I dare not 
name; which I scarcely know how to comprehend in the terms of any description. 

" In this posture, sir, things stood at the beginning of the session. About that time, a worthy 

(1) The. first restraining act, called the Fishery Bill (2) He came into parliament in 1765, 
and took a strong part against the stamp act, and in favour of its repeal in 1766.- It -was in 
the memorable debate, on the 16 Jan. 1766, on the address to the throne ; in which the subject 
of taxing America was discussed; that Mr. Burke, for the first time, spoke in parliament. 
Jffis speech -Mas complimented by Mr. Pitt in terms peculiarly grateful to the ambition of a 
young man. After descanting on its general merits, he -with perfect truth observed, "that, 
Mr. Burke was the only person since the age of Cicero, who had united the talent of speaking 
and 'writing, -with irresistible force and elegance." 

colonial America, and of the causes which led to the revolutionary struggle, than from all the 
other discussioris and -writings upon the subject." 

In giving this speech of Mr. Burke's ent\rr,other motives prevailed, than those of merely car- 
rying forward the " historical 7iotes." For this purpose it might have been referred to : but 
after much consideration, I have inserted the whole : it was impossible to know ivhat or how to 
extract, where nil was so eminently great and so closely connected, as not to admit of separa- 
tion: my chief inducement, however, is to exhibit this speech to the orator, as a model of the first 
order of eloquence; and to statesmen, as containing the most profound maxims of policy and gov- 
ernment. Yet such w is the temper of the house, that, these propositions were not even admitted 
to discussion ; the previous question, was moved on the first resolution, and curried by a m jori- 
ty of '270 to 78 — which threw the whole subject out of the house To enable the reader who may 
not wish to be fetained by perusing the speech, to pursue the narrative; 1 have distinguished tlie 
pages containing it, so that it may be passed over at once. 



164 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

member (1) of great parliamentary experience, who, in the year 1766, filled the chair of the 
American committee with much ability, took me aside ; and, lamenting the present aspect of our 
politicks, tsld me, tMwgs were come to such a pass, that our former methods of proceeding in the 
house would be no longer tolerated. That the publick tribunal (never too indulgent to a long 
and unsuccessful opposition), would now scrutinize our conduct with unusual severity. That the 
very vicissitudes and shiftings of ministerial measures, instead of convicting their authors of incon- 
stancy and want of system, would be taken as an occasion of charging us with a predetermined 
discontent, which nothing could satisfy ; whilst we accused every measure of vigour as cruel, and 
every proposal of lenity, as weak and irresolute. The publick, he said, would not have patience 
to see us play the game out with our adversaries: we must produce our hand. It would be ex- 
pected, that those who for many years had been active in such affairs, should show that they had 
formed, some clear and decided idea of the principles of colony government; and were capable of 
drawing out something like a platform of the ground, which might be laid for future and perma- 
nent tranquility. 

« I felt the truth of what my honourable friend represented ; but I felt my situation too. His 
application might have been made with far greater propriety, to many other gentlemen. No man. 
was indeed, ever better disposed or worse qualified for such an undertaking, than myself. Though 
I gave so far into his opinion, that I immediately threw my thoughts into a sort of parliamentary 
form, I was by no means equally ready to produce them. It generally argues some degree of na- 
tural impotence of mind, or some want of knowledge of the world, to hazard plans of government, 
except from a seat of authority. Propositions are made, not only ineffectually, but somewhat 
disreputably, when the minds of men are not properly disposed for their reception ; and for my 
part, I am not ambitious of ridicule ; not absolutely a candidate for disgrace. 

" Besides, sir, to speak the plain truth, I have in general no very exalted opinion of the virtue 
of paper government ; nor of any politicks, in which the plan is to be wholly separated from the 
execution. But when I saw, that anger and violence prevailed every day more and more, and 
that things were hastening towards an incurable alienation of our colonies, I confess my caution 
gave way. I felt this as one of those few moments, in which decorum yields to a higher duty, 
Publick calamity is a mighty leveller ; and there are occasions when any, even the slightest, 
ehance of doing good, must be laid hold on, even by the most inconsiderable person. 

" To restore order and repose, to an empire so great and so distracted as ours, is, merely in the 
attempt, an undertaking that would ennoble the flights of the highest genius, and obtain pardon 
for the efforts of the meanest understanding. Struggling a good while with these thoughts, by de- 
grees I felt myself more firm. I derived at length, some confidence from what, in other circum- 
stances usually produces timidity. I grew less anxious, even from the idea of my own insignifi- 
cance. For, judgiug of what you are by what you ought to be, I persuaded myself, that yon 
would not reject a reasonable proposition, because it had nothing but its reason to recommend it. 
On the other hand, being totally destitute of all shadow of influence, natural or adventitious, I was 
very sure, that if my proposition were futile or dangerous; if it were weakly conceived, or im- 
properly timed ; there was nothing exteriour to it, of power to awe, dazzle, or delude you. You 
will see it just as it is ; and you will treat it just as it deserves. 

" The proposition is peace. Not peace through the medium of war; not peace to be hunted 
through the labyrinth of intricate and endless negotiations ; not peace to arise out of universal dis- 
cord, fomented from principle, in all parts of the empire ; not peace to depend on the juridical 
determination of perplexing questions ; or the precise marking the shadowy boundaries of a com- 
plex government. It is simple peace ; sought in its natural course, and its ordinary haunts. It 
is peace sought in the spirit of peace ; and laid in principles purely pacifick. I propose, by re- 
moving the ground of the difference, and by restoring the former unsuspecting confidence of the 
eolonies in the mother country, to give permanent satisfaction to your people ; and, far from a 
scheme of ruling by discord, to reconcile them to each other in the same act^ and by the bond 
of the very same interest, which reconciles them to British government. 

« My idea is nothing more. Refined policy ever has been the parent of confusion; and ever 
will be so, as long as the world endures. Plain good intention, which is as easily discovered at 
the first view, as fraud is surely detected at last, is, let me say, of no mean force in the govern- 
ment of mankind. Genuine simplicity of heart is a healing and cementing principle. My plan, 
therefore, being formed upon the most simple grounds imaginable, may disappoint some people, 

(l) Mr. Hose Fuller. 



[1775, Mar.] HISTORICAL NOTES, &c. (btoke's speech. 1 ) 165 

when they hear it. It has nothing to recommend it to the pruriency of curious ears. There ia 
nothing at all new and captivating in it It has nothing of the splendour of the project, which has 
been lately laid upon your table by the noble lord in the blue ribband. (1) It docs not propose 
to fill your lobby with squabbling colony agents, who will require the interposition of your mace, 
at every instant, to keep the peace amongst them. It does not institute a magnificent auction ofi 
finance, where eaptivated provinces come to general ransom by bidding against each other, until 
you knock down the hammer, and determine a proportion of payments, bejond all the power* of 
"algebra to equalize and settle. 

"The plan which I shall presume to suggest, derives, however, one great advantage from the 
proposition and registry of that noble lord's project. The idea of conciliation u admissible. Firsts 
the house, in accepting the resolution moved by the noble lord, has admitted, notwithstanding 
the menacing front of our address— notwithstanding our heavy bill of pains and penalties — that we. 
do not think ourselves precluded from all ideas of free grace and bounty. 

" The house has gone further ; it has declared conciliation admissible, preiious to any subruis* 
Sion on the part of America. It has even shot a good deal beyond that mark, and has admitted, 
that the complaints of our former mode of exerting the right of taxation were not wholly unfoun- 
ded. That right thus exerted is allowed to have had something reprehensible in it, something 
Unwise, or something grievous ; since, in the midst of our heat and resentment, we, of ourselves^ 
have proposed a capital alteration ; and in order to get rid of what seemed so very exceptionable, 
have instituted a mode that is altogether new ; one that is, indeed, wholly alien from all the an* 
cient methods and forms of parliament. 

" The principle of this proceeding is large enough for my purpose. The means proposed by 
the noble lord for carrying his ideas into execution, I think indeed, are very indifferently suited 
to the end ; and this I shall endeavour to show you before I sit down. But, for the present, I 
take my ground on the admitted principle. I mean to give peace. Peace implies reconciliationj 
and where there lias been a material dispute, reconciliation does in a manner alway9 imply c»u- 
cession on the one part or on the other. In this state of things I make no difficulty in affirming^ 
that the proposal ought to originate from us. Great and acknowledged force is not impaired, either 
m effect or in opinion, by an unwillingness to exert itself. The superiour power may offer peace 
with honour and with safety. Such an offer from such a power will be attributed to magnanimi- 
ty ; but the concessions of the weak are the concessions of fear. When such a one is disarmed, 
ke is wholly at the mercy of his superiour ; and he loses for ever that time and those chances:, 
•which, as they happen to all men, are the strength and resources of all inferiour power. 

« The capital leading questions on which you must this day decide, are these two. First, whetfi- 
er you ought to concede ; and secondly, what your concession ought to be. On the first of; 
these questions we have gained, as I have just taken the liberty of observing to you, some ground. 
But I am sensible that a good deal more is still to be done. Indeed, sir, to enable us to determine 
both on the one and the other of these great questions with a firm and precise judgment, I think it 
may be necessary to consider distinctly, the true nature aud the peculiar circumstances of the ob- 
ject which we have before us. Because after all our struggle, whether we will or not, we must 
govern America, according to that nature, and to those circumstances; and not according to our 
own imaginations ; not according to abstract ideas of right ; by no means according to m re gen- 
eral theories of government, the resort to which appears to me, in our present situation, no better 
than arrant trifling. I shall therefore endeavour, with your leave, to lay before you some of the 
most material of these circumstances, in as full and as clear a manner as I am able to state them. 

" The first thing that we have to consider with regard to the nature of the object is— the num- 
ber of people in the colonies I have taken for some years a good deal of pains on that point. I 
can by no calculation justify myself, in placing the number below two millions of inhabitants, of our 
own European blood and colour ; besides at least 500,000 others, who form no inconsiderable part 
of the strength and opulence of the whole. This, sir, is I believe, about the true number. There 
is no occasion to exaggerate, where plain truth is of so much weight and importance. But wheth- 
er I put the present numbers too high or too low, is a matter of little moment. Such is the 
Strength with which population shoots in that part of the world, that state the numbers as high as 
■we will, whilst the dispute continues, the exaggeration ends. Whilst we are discussing any given 
magnitude, they are grown to it. Whilst we spend our time in deliberating on tha mode of gov- 
erning two millions, we shall find we have millions more to manage. Your children do «ot grow 

(1) Lord North's " conciliatory resolution" moved 20 Feb. and agreed to 27 Feb. 177i. sac ant 
p. 159. 

21 



166 L17?5, Mar.] HISTORICAL NOTES, &c. (Bur&e's Speech.) 

faster from infancy to manhood, than they spread from families to communities, and from villa- 
ges to nations. 

" I put this consideration of the present and the growing numbers, in the front of our deliber- 
ations ; because sir, this consideration will make it evident to a blunter discernment than yours, 
that no partial, narrow, contracted, pinched, occasional system, will be at all suitable to such an 
object. It will show you, that it is not to be considered as one of those minima which are out of 
the eye and consideration of the law ; not a paltry excrescence of the state ; not a mean depend- 
ant, who may be neglected with little damage, and provoked with little danger. It will prove, that 
some degree of care and caution is required in the handling such an object ; it will show that you 
ought not, in reason, to trifle with so large a mass of the interests and feelings of the human 
race. You could at no time do so without guilt ; and be assured, you will not be able to do it 
long with impunity. 

" But the population of this country, the great and growing population, though a very impor- 
tant consideration, will lose so much of its weight, if not combined with other circumstances. 
The commerce of your colonies is out of all proportion beyond the numbers of the people. This 
ground of their commerce indeed has been trod some days ago, and with great ability, by a dis- 
tinguished personage, (1) at your bar. This gentleman, after thirty-five years — it is so long since 
he first appeared at the same place, to plead for the commerce of Great Britain — has come again 
before you to plead the same cause, without any other effect of time, than, that to the fire of im- 
agination and extent of erudition, which even then marked him as one of the first literary charac- 
ters of his age, he has added a consummate knowledge in the commercial interest of his country, 
formed by a long course of enlightened and discriminating experience. 

" Sir, I should be inexcusable in coming after such a person with any detail, if a great part of 
the members who now fill the house, had not the misfortune to be absent when he appeared at 
your bar. Besides, sir, I propose to take the matter at periods of time somewhat different from 
his. There is, if I mistake not, a point of view, from whence if you will look at this subject, it is 
impossible that it should not make an impression upon you. 

" I have in my hand two accounts ; one, a comparative state of the export trade of England to 
its colonies as it stood in the year 1704, and as it stood in the year 1772. The other, a state of the 
export trade of this country to its colonies alone, as it stood in 1772, compared with the whole 
trade of England to all parts of the world, the colonies included, in the year 1704. They are 
from good vouchers; the latter period from the accounts on your table, the earlier from an ori- 
ginal manuscript of Davenant, who first established the inspector general's office, which has been 
ever since his time, so abundant a source of parliamentary information. 

" The export trade to the colonies consists of three great branches. The African, which, ter- 
minating almost wholly in the colonies, must be put to the account of their commerce ; the West 
Indian, and the North American. All these are so intervoven, that the attempt to separate them, 
would tear to pieces the contexture of the whole ; and if not entirely destroy, would very much 
depreciate the value of all the parts. I therefore consider these three denominations to be, what 
in effect they are, one trade. 

The trade to the colonies, taken on the export side, at the beginning of this century, that is, in 
the year 1704, stood thus : 

Exports to North America, and the West Indies, - ----_£. 483,265 

To Africa, 86,605 



569,930 



In the year 1772, which I take as a middle year between the highest and lowest of those lately 
laid on your table, the account was as follows : 
To North America and the West Indies, ..,.._„£. 4,791,734 

To Africa, ,-.- 866,398 

To which if you add the export trade from Scotland, which had in 1704 no existence, S64,000 



6,022,132 



" From five hundred and odd thousand, it has grown to six millions. It has increased no less 
than twelve fold. This is the state of the colony trade, as compared with itself at these two peri- 

(1) Mr. Glover. 



[1775, Mar.] HISTORICAL NOTES, &c, (Burke's Speech.) 167 

ods, within this century ; and this is matter for meditation. But this is not all. Examine my 
second account. See how the export trade to the colonies alone in 1772 stood in the other point 
of View, that is, as compared to the whole trade of England in 1704. 

The whole export trade of England including that to the colonies, in 1704, is L. 6,509,000 

Exported to the colonies alone, in 1772 ----.. . * 6,024,000 



Difference 485,000 

"The trade with America alone, is now within less than 500,0001. of being equal to what this 
great commercial nation, England, carried on at the beginning of this century with the whole 
world ! If I had taken the largest year of those on your table, it would rather have exceeded. 
But, it will be said, is not this American trade an unnatural protuberance, that has drawn the 
juices from the rest of the body ? The reverse. It is the very food that has nourished every 
other part into its present magnitude. Our general trade has been greatly augmented ; and 
augmented more or less in almost every part to which it ever extended ; but with this material 
difference ; that of the six millions which, in the beginning of the century, constituted the whole 
mass of our export commerce, the colony trade was but one twelfth part; it is now (as a part of 
sixteen millions) considerably more than a third of the whole. This is the relative proportion, of 
the importance of the colonies at these two periods ; and all reasoning concerning our mode of 
treating them, must have this proportion as its basis, or it is a reasoning, weak, rotten, and sophistical. 

" Mr speaker, I cannot prevail on myself to hurry over this great consideration. It is good 
for us to be here. We stand where we have an immense view of what is, and what is past. 
Clouds indeed, and darkness, rest upon the future — Let us however, before we descend from 
this noble eminence reflect, that this growth of our national prosperity has happened within the 
short period of the life of man. It has happened within sixty-eight years. There are those alive 
whose memory might touch the two extremities. For instance, my Lord Bathurst might remem- 
ber all the. stages of the progress. He was in 1704, of an age at least to be made to comprehend 
such things. He was then old enough acta parentum jam legere, et quce sit poterit cognoscere 
virtus — Suppose, sir, that the angel of this auspicious youth, foreseeing the many virtues, which 
made him one of the most amiable, as he is one of the most fortunate men of his age, had opened 
to him in vision, that, when, in the fourth generation, the third prince of the house of Brunswick 
had sat twelve years on the throne of that nation, which, by the happy issue of moderate and 
healing councils, was to be made Great Britain ; he should see his son, lord chancellor of England, 
turn back the current of hereditary dignity to its fountain, and raise him to a higher rank of peer- 
age, whilst he enriched the family with a new one. If, amidst these bright and happy scenes of 
domestick honour and prosperity, that angel should have drawn up the curtain, and unfolded the 
rising glories of his country, and whilst he was gazing with admiration on the then commercial 
grandeur of England, the genius should point out to him a little speck, scarce visible in the mass 
of the national interest — a small seminal principle rather than a formed body — and should tell 
him — " Young man, there is America, which at this day serves for little more than to amuse you 
with stories of savage men, and uncouth manners ; yet shall, before you taste of death, show itself 
equal to the whole of that commerce which now attracts the envy of the world. Whatever En- 
gland has been growing to by a progressive increase of improvement, brought in by varieties of 
people, by succession of civilizing conquests and civilizing settlements, in a series of seventeen hun- 
dred years, you shall see as much added to her by America in the course of a single life !" If 
this state of his country had been foretold to him, would it not require all the sanguine credulity 
of youth, and all the fervid glow of enthusiasm, to make him believe it ? Fortunate man, he has 
lived to see it ! Fortunate indeed, if he live to see nothing to vary the prospect, and cloud the 
setting of his day! 

" Excuse me, sir, if turning from such thoughts I resume this comparative view once more. 
You have seen it on a large scale ; look at it on a small one. I will point out to your attention a 
particular instance of it, in the single province of Pennsylvania. In the year 1704, that province 
called for 11,459/. in value of your commodities, native and foreign. This was the whole. What 
did it demand in 1772 ? Why nearly fifty times as much; for in that year the export to Penn- 
sylvania was 507,909/. nearly equal to the export to all the colonies together in the first period. 

" I choose, sir, to enter into these minute and particular details ; because generalities, which in 
all other cases are apt to heighten and raise the subject, have here a tendency to sink it. When 
we speak of the commerce with our colonies, fiction lags after truth ; invention is unfruitful, and 
imagination cold and barren/ 



168 [IT75, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

«* So far, air, as to the importance of the object in the view of its commerce, as concerned in 
the exports from England. If 1 were to detail the imports, I could show how many enjoyments 
they procure, which deceive the burden of life; how many materials which invigorate the 
springs of national industry, and extend and animate every part of our foreign and domestick com* 
merce. This would be a curious subject indeed ; but I must prescribe bounds to myself in a 
matter so vast and various. 

" I pass therefore to the colonies in another point of view, their agriculture. This they have 
prosecuted with such a spirit, that, besides feeding plentifully their own growing multitude, their 
annual export of grain, comprehending rice, lias some years ago exceeded a millon in value. Of 
their last harvest, I am persuaded, they will export much more. At the beginning of the century, 
some of these colonies imported corn from the mother country. For some time past, the old 
world has been fed from the new. The scarcity which you have felt would have been a desolating 
famine, if this child of your old age, with a true filial piety, with a Roman charity, had not put 
the full breast of its youthful exuberauce, to the mouth of its exhausted parent. 

" As to the wealth which the colonies have drawn from the sea by their fisheries, you had all 
that matter fully opened at your bar. You surely thought those acquisitions of value, for they 
seemed even to excite your envy ; and yet the spirit, by which that enterprising employment has 
been exercised, ought rather, in my opinion, to have raised your esteem and admiration. And 
pray, sir, what in the world is equal to it ? Pass by the other parts, and look at the manner in 
which the people of New England have of late carried on the whale fishery. Whilst we follow 
them among the tumbling mountains of ice, and behold them penetrating into the deepest frozen 
recesses of Hudson's Bay, and Davis's Streights ; -whilst we are looking for them beneath the arc- 
tick circle, we hear that they have pierced into the opposite region of polar cold ; that they are at 
tlie antipodes, and engaged under the frozen serpent of the south. Falkland island, which seem- 
ed too remote and romantick an object for the grasp of national ambition, is but a stage and rest- 
ing place in the progress of their victorious industry. Nor is the equinoctial heat more discoura- 
ging to them, than the accumulated winter of both the poles. We know, that whilst some of them 
draw the line and strike the harpoon on the coast of Africa, others run the longitude, and pur- 
sue their gigantick game along the coast of Brazil. No sea but what is vexed by their fisheries — 
no climate that is not witness to their toils. Neither the perseverance of Holland, nor the activ- 
ity of France, nor the dexterous and firm sagacity of English enterprise, ever carried this most 
perilous mode of hardy industry, to the extent to which it has been pushed by this recent people ; 
a people who are still as it were, but in the gristle, and not yet hardened into the bone of man- 
hood. When I contemplate these things ; when I know that the colonies in general owe little 
Or nothing to any care of ours, and that they are not squeezed into this happy form, by the con- 
straints of watchful and suspicious government ; but that through a wise and salutary neglect, a 
generous nature has been suffered to take her own way to perfection ; when I reflect upon these 
effects, when 1 see how profitable they have been to us, I feel all the pride of power sink, and all 
presumption in the wisdom of human contrivances, melt and die away within me. My rigour re- 
lents. I pardon something to the spirit of liberty. 

" I am sensible, sir, that all which I have asserted in my detail, is admitted in the gross ; but 
that quite a different conclusion is drawn from it. America, gentlemen say, is a noble object. It 
is an object well worth fighting for. Certainly it is, fighting a people be the best way of gaining 
them. Gentlemen in this respect will be led to their choice of means, by their complexions and 
their habits. Those who understand the military art, will of course have some predilection for 
it. Those who wield the thunder of the state, may have more confidence in the efficacy of arms. 
But I confess, possibly for want of this knowledge, my opinion is much more in favour of prudent 
management, than of force ; considering force not as an odious, but a feeble instrument, for pre- 
serving a people so numerous, so active, so growing, so spirited as this, in a profitable and subor- 
dinate connexion with us. 

" First, sir, permit me to ohserve, that the use of force alone is but temporary. It may subdue 
for a moment ; but it does not remove the necessity of subduing again : and a nation is not gov- 
erned, which is perpetually to be conquered. 

" My next objection, is its uncertainty. Terrour is not always the effect of force ; and an arma- 
ment is not a victory. If you do not succeed, you are without resource ; for conciliation failing, 
force remains; but force failing, no further hope of reconciliation is left. Power and authority 
are sometimes bought by kindness ; but they can neTer be begged as alms, by an impoverished 
'and defeated violejjce. 



f {1775, Mar.l HISTORICAL NOTES, &c. (Burke's Speech.) 169 

" A further objection to force is, that you impair the object, by your very endeavours to pre- 
serve it. The thing you fought for, is not the thing which )ou recover; but depreciated, sut.k, 
wasted, and consumed in the contest. Nothing less will content me, than whole America. I do 
not choose to consume its strength along with our own; because in all parts, it is the British 
strength that I consume. I do not choose to be caught by a foreign enemy, at the end of this ex- 
hausting conflict ; and still less in the midst of it. I may escape ; but I can make no ensurance 
f against such an event. Let me add, that 1 do not choose wholly to break the American spirit, 
because it is the spirit that has made the country. 

" Lastly, we have no sort of experience in favour of force as an instrument, in the rule of our 
colonies. Their growth and their utility, has been owing to methods altogether different. Our 
ancient indulgence has been said to be pursued to a fault. It may be so. But we know, if feel- 
ing is evidence, that our fault was more tolerable than our attempt to mend it ; and our sin far 
more salutary than our penitence. 

" These, sir, are my reasons for not entertaining that high opinion of untried force, by which 
many gentlemen, for whose sentiments in other particulars I have great respect, seem to be so 
greatly captivated. But there is still behind, a third consideration concerning this object, which 
serves to determine my opinion on the sovt of policy, which ought to be pursued in the manage- 
ment of America, even more thau its population and its commerce : 1 mean its temper and 
character. 

" In this character of the Americans, a love of freedom is the predominating feature, which 
marks and distinguishes the whole: and as an ardent is always a jealous affection, your colonies 
become suspicious, restive, and untractable, whenever they see the least attempt to wrest from 
them by force, or shuffle from them by chicane, what they think the only advantage worth living 
for. This fierce spirit of liberty is stronger in the English colonies probably, than in any other 
people of the earth; and this, from a great variety of powerful causes, which, to understand the 
true temper of their minds, and the direction which this spirit takes, it will not be amiss to lay 
open somewhat more largely. 

"First, the people of the colonies are descendants of Englishmen. England, sir, is a nation, 
which still I hope respects, and formerly adored her freedom. The colonists emigrated from 
you, when this part of your character was most predominant ; and they took this bias and direc- 
tion, the moment they parted from your hands. They are therefore not only devoted to liberty, 
but to liberty according to English ideas, and on English principles. Abstract liberty, like other 
mere abstractions, is not to be found. Liberty inheres in some sensible object ; and every nation 
has formed to itself some favourite point, which, by way of eminence, becomes the criterion of 
their happiness. It happened, you know, sir, that the great contests for freedom in this country 
were, from the earliest times, chiefly upon the question of taxing. Most of the contests in the 
ancient commonwealths, turned primarily on the right of election of magistrates, or on the balance 
among the several orders of the state. The question of money was not with them so immediate. 
But in England it was otherwise. On this point of taxes, the ablest pens and most eloquent tongues 
have been exercised ; the greatest spirits have acted and suffered. In order to give the fullest 
satisfaction concerning the importance of this point, it was not only necessary for those who, in 
argument defended the excellence of the English constitution, to insist on this privilege of grant- 
ing money as a dry point of fact, and to prove, that the right had been acknowledged in ancient 
parchments and blind usages, to reside in a certain body called a house of commons. They went 
much further; they attempted to prove, and they succeeded, that in theory it ought to be so, 
from the particular nature of a house of commons, as an immediate representative of the people, 
whether the old records had delivered this oracle or not. They took infinite pains to inculcate, 
as a fundamental principle, that, in all monarchies, the people must in effect themselves, mediate- 
ly or immediately, possess the power of granting their own money, or no shadow of liberty could 
subsist. The colonies draw from you, as with their life blood, these ideas and principles. Their 
love of liberty, as with you, fixed and attached on this specifick point of taxing. Liberty might 
be safe, or might be endangered in twenty other particulars, without their being much pleased 
or alarmed Here they felt its pulse ; and as they found that beat, they thought themselves sick or 
sound. I do not say whether they were right or wrong, in applying your general arguments to their 
own case. It is not easy indeed, to make a monopoly of theorems and corollaries. The fact is, 
that they did thus apply those general arguments ; and your mode of governing them, whether 1 
through lenity or indolence, through wisdom or mistake, confirmed them in the imagination, that 
they, as well as yoa, had an interest ia these common principles. 



4?0 [1T75, Mar.l HISTORICAL NOTES, &c. (Burke's Speecli.) 

" They were further confirmed in this pleasing error, by the /bra of their provincial legislative 
assemblies. Their governments are popular in a high degree ; some are merely popular ; in all, 
the popular representative is the most weighty ; and this share of the people in their ordinary 
government, never fails to inspire them with lofty sentiments, and with a strong aversion, from 
whatever tends to deprive them of their chief importance. 

"If any thing were wanting to this necessary operation of the form of government, religion [ 
would have given it a complete effect. Religion, always a principle of energy, in this new people, L 
is no way worn out or impaired ; and their mode of professing it, is also one main cause of this 
free spirit. The people are protestants ; and of that kind, which is the most adverse to all implicit 
submission of mind and opinion. This is a persuasion, not only favourable to liberty, but built ! j 
upon it. I do not think, sir, that the reason of this averseness in the dissenting churches, from 
all that looks like absolute government, is so much to be sought in their religious tenets, as in j 
their history. Every one knows, that the Roman catholick religion is at least coeval, with most | 
of the governments where it prevails ; that it has generally gone hand in hand with them ; and | 
received great favour, and every kind of support from authority. The church of England too h 
was formed from her cradle, under the nursing care of regular government. But the dissenting j j 
interests have sprung up, in direct opposition to all the ordinary powers of the world ; and J | 
could justify that opposition, only on a strong claim to natural liberty. Their very existence de- : 
pended, on the powerful and unremitted assertion of that claim. All protestantism, even the ' 
most cold and passive, is a sort of dissent But the religion most prevalent in our northern colo- \ 
nies, is a refinement on the principle of resistance ; it is the diffidence of dissent; and the protes- 
tantism of the protestant religion. This religion, under a variety of denominations, agreeing in \ 
nothing but in the communion of the spirit of liberty, is predominent in most of the northern pro- 
vinces ; where the church of England, notwithstanding its legal rights, is in reality no more than ! 
a sort of private sect, not composing most probably, the tenth of the people. The colonists left 
England when this spirit was high ; and in the emigrants was the highest of all : and even that 
stream of foreigners, which has been constantly flowing into these colonies, has, for the greatest 
part, been composed of dissenters from the establishments of their several countries, and have 
brought with them a temper and character, far from alien to that of the people with whom they 
mixed. 

"Sir, I can perceive by their manner,. that some gentlemen object to the latitude of this de- 
scription ; because in the southern colonies, the church of England forms a large body, and has a 
regular establishment. It is certainly true. There is, however, a circumstance attending these 
colonies, which, in my opinion, fully counterbalances this difference, and makes the spirit of liberty 
still more high and haughty, than in those to the northward. It is, that in Virginia and the Caro- 
linas, they have a vast multitude of slaves. Where this is the case in any part of the world, those 
who are free, are by far the most proud and jealous of their freedom. Freedom is to them not 
only an enjoyment, but a kind of rank and privilege. Not seeing there, that freedom, as in coun- 
tries where it is a common blessing, and as broad and general as the air, may be united with much 
abject toil, with great misery, with all the exterior of servitude ; liberty looks, amongst them, like 
something that is more noble and liberal. I do not mean, sir, to commend the superior morality 
of this sentiment, which has at least as much pride as virtue in it ; but 1 cannot alter the nature of 
man. The fact is so ; and these people of the southern colonies, are much more strongly and 
with a higher and more stubborn spirit attached to liberty, than those to the northward. Such 
■were all the ancient commonwealths ; such were our Gothick ancestors : such in our days were 
the Poles ; and such will be all masters of slaves, who are not slaves themselves. In such a peo- 
ple, the haughtiness of domination combines with the spirit of freedom, fortifies it, and renders it 
invincible. 

" Permit me, sir, to add another circumstance in our colonies, which contributes no mean part 
towards the growth and effect of this untractable spirit. I mean their education. In no country 
perhaps in the world, is the law so general a study. The profession itself is numerous and power- 
ful ; and in most provinces it takes the lead. The greater number of the deputies sent to congress 
■were lawyers. But all who read, and most do read, endeavour to obtain some smattering in that 
science. I have been told by an eminent bookseller, that in no branch of his business, after tracts, 
of popular devotion, were so many books as those on the law, exported to the plantations. The 
colonists have now fallen into the way of printing them for their own use. I hear that they have 
told nearly as many of Blackstone's Commentaries in America as in England. General Gage 
marks out this disposition very particularly, in a letter on your table. He states, that all the 







[1 775, Mar.] HISTORICAL NOTES, &fc. (Burke's Sireecli.) 171 



' people in his government ate lawyers, or smatterera in law ; and that in Boston, they have been 
I enabled by successful chichane, wholly to evade many parts of one of your capital penal consti- 
I tulions. The smartness of debate will say, that this knowledge ought to teach them more clearly 
I the rights of legislature, their obligations to obedience, and the penalties of rebellion. All this is 
j mighty well. But my honourable and learned friend (1) on the floor, who condescends to mark 
;, what I say for animadversion, will disdain that ground. He has heard, as well as I, that when 
r great honours and great emoluments, do not win over this knowledge to the service of the state, 
it is a formidable adversary to government. If the spirit be not tamed and broken by these happy 
! methods, if is stubborn and litigious. Abeimt studia in mores. This study renders men acute, 
inquisitive, dexterous, prompt ui attack, ready in defence, full of resources. In other countries, 
j the people, more simple and of a less mercurial cast, judge of an ill principle in government only 
1 by an actual grievance. Here they anticipate the evil, and judge of the pressure of the griev- 
ance by the badness of the principle. They augur misgovernment at a distance, and snuff the 
i approach of tyranny, in every tainted breeze. 

"The last cause of this disobedient spirit in the colonies, is hardly less powerful than the 
i test, as it is not merely moral, but laid deep in the natural constitution of things. Three thousand 
| miles of ocean lie between you and them. No contrivance can prevent the effect of this distance t 
' in weakening government. Seas roll and months pass, between the order and the execution ; and 
i the want of a speedy explanation of a single point, is enough to defeat a whole system. You have, 
indeed, winged ministers of vengeance, who carry your bolts in their pounces to the remotest 
verge of the sea. But there a power steps in, that limits the arrogance of raging passions and 
i furious elements, and says : « So far shalt thou go and no farther." Who are you, that should fret 
and rage, and bite the chains of nature ? Nothing worse happens to you, than does to all nations 
who have extensive empire ; and it happens in all the forms into which empire can be thrown. 
In large bodies, the circulation of power must be less vigorous at the extremities. Nature has 
said it. The Turk cannot govern Egypt, and Arabia, and Curdistan, as he governs Thrace ; nor 
has he the same dominion in Crimea and Algiers, which he has at Brusa and Smyrna. Despo- 
tism itself is obliged to truck and huckster. The Sultan gets such obedience as he can. He go- 
Terns with a loose rein, that he may govern at all; and the whole of the force and vigour of his 
authority in his ceuti e, is derived from a prudent relaxation in all his borders. Spain, in her pro- 
vinces, is, perhaps, not so well obeyed as you are in yours. She complies too ; she submits ; she 
•watches times. This is the immutable condition, the eternal law, of extensive and detached 
empire. 

" Then, sir, from these six capital sources of descent, of form of government, of religion in the 
northern provinces, of m nners in the southern, of education, of the remoteness of situation from 
the first mover of government; from all these causes, a fierce spirit of liberty has grown up. It 
has grown with the growth of the people in your colonies, and increased with the increase of their 
•wealth; a spirit, that unhappily meeting with an exercise of power in England, which, however 
lawful, is not reconcileable to any ideas of liberty, much less with theirs, has kindled this flame, 
that is ready to consume us. 

"I do not mean to commend either the spirit in this excess, or the moral causes which produce 
it. Perhaps a more smooth and accommodating spirit of freedom in them, would be more accept- 
able to us. Perhaps ideas of liberty might be desired, more reconcileable with an arbitrary and 
boundless authority. Perhaps we might wish the colonists to be persuaded, that their liberty is 
more secure, when held in trust for them by us as guardians during a perpetual minority, than 
■with any part of it in their own hands. But the question is, not whether their spirit deserves praise 
«r blame. Jiliat, in the name of God, shall we do with it ? You have before you the object, such 
asit is, with all its glories, with all its imperfections on its head. You see the magnitude, the im- 
portance, the temper, the habits, the disorders. By all these considerations, we are strongly 
urged to determine something concerning it. We are called upon to fix some rule and line, for 
our future cond ict, which may give a little stability to our politicks, and prevent the return of such 
unhappy deAerattens as the present. Every such return, will bring the matter before us in a still 
more untractable 'orm. For, what astonishing and incredible things have we not seen already i" 
What mon iters hs •• not been generated from this unnatural contention? Whilst every principle 
of authority and re- ^ance, has been pushed upon both sides as far as it would go, there is nothing 
so solid and certain, either in reasoning or in practice, that has not been shaken. Until veiy 

(I) The Attorney General, 



172 [177$, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

lately, all authority in America seemed to be nothing but an emanation from yours. Even the 
popular part of the colony constitution derived all its activity, and its first vital movement, from the 
pleasure of the crown. We thought, sir, that the utmost which the discontented colonists could 
do, was to disturb authority. We never dreamt they could of themselves supply it, knowing in 
general what an operose business it is, to establish a government absolutely new. But having, for 
our purposes in this contention, resolved, that none but an obedient assembly should sit, the hu- 
mours of the people there, finding all passage through the legal channel stopped, with great vio- 
lence broke out another way. Some provinces have tried their experiment, as we have tried 
ours ; and theirs has succeeded. They have formed a government sufficient for its purposes, 
without the bustle of a revolution, or the troublesome formality of an election. Evident necessity, 
and tacit consent, have done the business in an instant. So well have they done it, that lord 
Dunmore (the account is among the fragments on your table) tells you, that the new institution 
is infinitely better obeyed, than the ancient government ever was in its most fortunate periods. 
Obedience is what makes government, and not the names by which it is called ; not the name of 
governour, as formerly, or committee, as at present. This new government, has originated direct- 
ly from the people; and was not transmitted through any of the ordinary artificial media, of a po- 
sitive constitution. It was not a manufacture ready formed, and transmitted to them in that condi- 
tion from England. The evil arising from hence is this ; that the colonists having once found the 
possibility of enjoying the advantages of order, in the midst of a struggle for liberty ; such strug- 
gles will not henceforward seem so terrible, to the settled and sober part of mankind, as they had 
appeared before the trial. 

" Pursuing the same plan of punishing, by the denial of the exercise of government, to still great- 
er lengths; we wholly abrogated the ancient government of Massachusetts. We were confi- 
dent, that the first feeling, if not the very prospect of anarchy, would instantly enforce a com- 
plete submission. The experiment was tried A new, strange, unexpected face of things appear- 
ed. Anarchy is found tolerable. A vast province has now subsisted, and subsisted in a considerable 
degree of health and vigour for near a twelvemonth, without governor, without publick council, 
■without judges, without executive magistrates. How long it will continue in this state, or what 
may arise out of this unheard of situation, how can the wisest of us conjecture ? Our late expe- 
rience has taught us, that many of those fundamental principles, formerly believed infallible ; are 
cither not of the importance they were imagined to be, or that we have not at all adverted to 
some other, far more important and far more powerful principles, which entirely overrule those 
we had considered as omnipotent. I am much against any further experiments, which tend to 
put to the proof any more of these allowed opinions, which contribute so much to the publick 
tranquillity. In effect, we suffer as much at home by this loosening of all ties, and this concussion 
of all established opinions, as we do abroad. For, in order to prove that die Americans have no 
right to their liberties, we are every day endeavouring to subvert the maxims, which preserve 
the whole spirit of our own. To prove that the Americans ought not to be free, we are obliged 
to depreciate the value of freedom itself; and we never seem to gain a paltry advantage over them, 
in debate, without attacking some of those principles, or deriding some of those feelings, for which 
our ancestors have shed their blood. 

"But, sir, in wishing to put an end to pernicious experiments, I do not mean to preclude the 
fullest inquiry. Far from it. Far from deciding on a sudden or partial view, I would patiently 
go round and round the subject, and survey it minutely in every possible aspect. Sir, if I were 
capable of engaging you to an equal attention, I would state, that, as far as I am capable of dis- 
cerning, there are but three ways of proceeding, relative to this stubborn spirit which prevails in 
your colonies, and disturbs your government. These are — to change that spirit, as inconvenient, 
by removing the causes; to prosecute it as criminal; or, to comply with it as necessary. I would 
not be guilty of an imperfect enumeration. I can think of but die3e three. Another has indeed 
been started, that of giving vp the colonies ; but it met so slight a reception, that I do not think 
myself obliged to dwell a great while upon it. It is nothing but a little sally of anger, like the 
frowaidncss of peevish children, who, when they cannot get all they would have, are resolved to 
take nothing. 

"The first of these plans, to change the spirit (I) as inconvenient, by removing the causes, I 
think is the most like a systematick proceeding. It is radical in its principle; but it is attended 
with great diflicultits,some of them little short, as I conceive, of impossibilities. This will appear, 
fry examining into the plans which have been proposed. 

(l) Of liberty. 



11775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 173 

"As the grov/'mg population of the colonies, is evidently one cause of their resistance, it was last 
session mentioned in both houses by men of weight, and received, not without applause, that, a 
order to check this evil, it would be proper for the crown, to make no further grants of land. 
i| But to this scheme, there are two objections. The first, that there is already so much unsettled 
ij land in private hands, as to afford room for an immense future population, although the crown not 
j only withheld its grants, but annihilated its soil. If this be the case, then the only effect of thig 
jj avarice of desolation, this hoarding of a royal wilderness, would be to raise the value of the posses- 
sions in the hands of the great private monopolists, without any adequate check to the growing 
and alarming mischief of population. 
" But it you stopped your grants, what would be the consequence ? The people would occupy 
j without grants. They have already so occupied in many places. Tou cannot station garrisons ia 
! every part of these deserts. If you drive the people from one place, they will carry on their annu- 
al tillage, and remove with their flocks and herds to another. Many of the people in the back set- 
| tlementsare, already, little attached to particular situations. Already they have topped the Apa- 
j lachian mountains. From thence they behold before them an immense plain, one vast, rich, level 
! meadow ; a square of five hundred miles. Over this they would wander, without a possibility of 
j restraint ; they would change their manners with the habits of their life ; would soon forget a gov- 
I ernmentby which they were disowned ; would become horde9 of English Tartars; and, pouring 
J down upon your unfortified frontiers a fierce and irresistible cavalry, become masters of your go- 
; vernors and your councillors, your collectors and comptrollers, and of all the slaves that adhered 
to I hem. Such would, and in no long time must be, the effect of attempting to forbid as a crime, 
and to suppress as an evil, the command and blessing of Providence, * Increase and multiply * 
Such would be the happy result of an endeavour, to keep as a lair of wild beasts, that earth, which. 
God, by an express charter, has given to the children of men. Far different, and surely much 
wiser, has been our policy hitherto. Hitherto we have invited our people by every kind of bounty, 
to fixed establishments. We have invited the husbandman to look to authority for his title. We 
have taught him piously to believe, in the mysterious virtue of wax and parchment. We have 
thrown each tract of land, as it was peopled, into districts, that the ruling p*ower should never be 
wholly out of sight. We have settled all we could ; and we have carefully attended every settle- 
ment with government. 

" Adhering, sir, as I do, to this policy, as well as for the reasons I have just given, I think UiiS 
new project of hedgiug in population, to be neither prudent nor practicable. 

"To impoverish the colonies in general, and in particular to arrest the noble course of their 
marine enterprises, would be a more easy task. I freely confess it. We have shown a disposi- 
tion to a system of this kind ; a disposition even to continue the restraint after the offence, looking 
on ourselves as rivals to our colonies, and persuaded that of course we must gain all that they shall 
lose. Much mischief we may certainly do. The power inadequate to all other things, is oftea 
more than sufficient for this, i do not look on the direct and immediate power of the colonies to 
resist our violence, as very formidable. In this, however, I may be mistaken. But when I con- 
sider, that we have colonies for no purpose but to be serviceable to us, it seems to my poor un«- 
derstanding a little preposterous, to make them unserviceable, in order to keep them obedient* 
It is, in truth, nothing more than the old, and, as I thought, exploded problem of tyranny, which 
proposes to beggar its subjects into submission. But, remember, when you have completed your 
system of impoverishment, that nature still proceeds in her ordinary course ; that discontent will 
increase with misery ; and that there are critical moments in the fortune of all states, when tbey» 
who are too weak to contribute to your prosperity, may be strong enough to complete your ruia. 
Spoliatis arma supersunt. 

" The temper and character, which prevail in our colonies, are, I am afraid, unalterable by an/ 
human art. We cannot, I fear, falsify the pedigree of this fierce people, and persuade them that 
they are not sprung from a nation, in whose veins the blood of freedom circulates. The language 
in which they would hear you tell them this tale, would detect the imposition. Your speech would 
betray you. An Englishman is the unfittest person on earth, to argue another Englishman inta 
slavery. 

"I think it is nearly as little in our power to change their republican religion, as their free de- 
scent ; or to substitute the Roman catholick as a penalty, or the church of England as an improve- 
ment. The mode of inquisition and dragooning, is going out of fashion in the old world; and I 
should not confide much to their efficacy in the new. The education of the Americans, is also on 
tht same rmalterable bottom with their religion. You cannot persuade them to burn their looks 



174 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

of curious science ; to banish their lawyers from their courts of law ; or to quench the lights of 
their assemblies, by refusing to choose those persons who are best read in their privileges. It would 
be no less impracticable to think, of wholly annihilating the popular assemblies, in which these law- 
yers sit. The army, by which we must govern in their place, would be far more chargeable to us ; 
not quite so effectual ; and perhaps, in the end, full as difficult to be kept in obedience. 

" With regard to the high aristocratick spirit of Virginia and the southern colonies, it has bee» 
proposed, I know, to reduce it, by declaring a general enfranchisement of their slaves. This pro- 
ject has had its advocates and panegyrists; yet I never could argue myself into an opinion of it. 
Slaves are often much attached to their masters. A general wild offer of liberty^ would not always 
be accepted. History furnishes few instances of it. It is sometimes as hard to persuade slaves to 
be free, as it is to compel freemen to be slaves ; and in this auspicious scheme, we should have both 
these pleasing tasks on our hands at once. But when we talk of enfranchisement, do we not per- 
ceive that the American master may enfranchise too ; and arm servile hands in defence of free- 
dom — a measure to which other people have had recourse more than once, and not without 
success, in a desperate situation of their affairs. 

" Slaves as these unfortunate black people are, and dull as all men are from slavery, must they 
not a little suspect the offer of freedom from that very nation, which has sold them to their present 
masters? From that nation, one of whose causes of quarrel with those masters, is their refusal to 
deal any more in that inhuman traffick ?( I ) An offer of freedom from England, would come rather 
oddly, shipped to them in an African vessel, which is refused an entry iuto the ports of Virginia or 
Carolina, with a cargo of three hundred Angola negroes. It would be curious to see the Guinea 
Captain attempt at the same instant, to publish his proclamation of liberty, and to advertise his sale 
of slaves. 

** But let us suppose all these moral difficulties got over. The ocean remains. You cannot 
pump this dry ; and as long as it continues in its present bed, so long all the causes which weaken 
authority by distance, will continue. * Ye gods, annihilate but space and time, and make two 
lovers happy !' — was a pious and passionate prayer ; — but just as reasonable, as many of these se- 
rious wishes of very grave and solemn politicians. 

"If then, sir, it seems almost desperate to think of any alterative coarse, for cha7iging the moral 
causes (and not quite easy to remove the natural), which produce prejudices irreconcileable to the 
late exercise of our authority ; but that the spirit infallibly will continue ; and, continuing, will 
produce such effects, as now embarrass us ; the second mode under consideration is, to prosecute 
that spirit in its overt acts, as criminal. 

« At this proposition I must pause a moment. The thing seems a great deal too big for my ideas 
of Li'isprudence. It should seem, to my way of conceiving such matters, that there is a very 
wide difference in reason and policy, between the mode of proceeding on the irregular conduct 
of scattered individuals, or even of bands of men, who disturb order within the state, and the ciril 
dissentions which may, from lime to time, ou great questions, agitate the several communities 
which compose a great empire. It looks to me to be narrow and pedantick, to apply the ordinary 
ideas of criminal justice to this great publick contest. I do not know the method of drawing up 
an indictment, against a whole people. 1 cannot insult and ridicule the feelings of millions of my 
fellow creatures, as sir Edward Coke insulted one excellent individual (2) at the bar. I am not 
ripe to pass sentence on the gravest publick bodies, intrusted with magistracies of great authority 
and dignity, and charged with the safety of their fellow citizens, upon the very same title that I 
am. I really think, that for wise men, this is not judicious; for sober men, not decent; for minds 
tinctured with humanity, not mild and merciful. 

" Perhaps, sir, 1 am mistaken in my idea of an empire, as distinguished from a single state or 
kingdom. But ray idea of it is this; that an empire is the aggregate of many states, under one 
common head, whether this head be a monarch, or a presiding republick. It does, in such con- 
stitutions, frequently happen, (and nothing but the dismal, cold, dead uniformity of servitude, cau 
prevent its happening), that the subordinate parts have many local privileges and immunities. 
Between these privileges, and the supreme common authority, the line may be extremely nice. 
Of course disputes, often too, very bitter disputes and much ill blood, will arise. But thougk 
every privilege is an exemption, in the case, from the ordinary exercise of the supreme authority, 
it is no denial of it. The claim of a privilege seems rather, ex vi termini, to imply a superior 

(1) See p. 94- Aug. 5. (2) Vid. 1. St. Tri. 212. an. Jac. 1. Nov. 17, 1603. Trial of Sir Wal* 
ter Raleigh for treason „• on which Coke the atty. Gen. behaved to him, -with indecent barbarity* 



[1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speccli.) 175 

power. For to talk of the privileges of a state or of a person, who has no superiour, is hardly 
any better than speaking nonsense. Now, in such unfortunate quarrels, among the component 
parts of a great political union of communities, I can scarcely conceive any thing more completely 
imprudent, than for the head of the empire to insist, that, if any privilege is pleaded against his 
will, or his acts, that his whole authority is denied ; instantly to proclaim rebellion, to beat to arms, 
and to put the offending provinces under the ban. Will not this, sir, very soon teach the provin- 
ces to make no distinctions on their part ? Will it not teach them that the government, against which 
a claim of liberty is tantamount to high treason, is a government to which submission is equivalent 
to slavery ? It may not always be quite convenient to impress dependent communities, with such 
an idea. 

"We are, indeed, in all disputes with the colonies, by the necessity of things, the judge. It is 
true, sir, but I confess that the character of judge in my own cause, is a thing that frighteus me. 
Instead of filling me with pride, I am exceedingly humbled by it. I cannot proceed with a stern, 
assured, judicial confidence, until I find myself in something more like a judicial character. I 
must have these hesitations as long as I am compelled to recollect, that, in my little reading upon 
such contests as these, the sense of mankind has, at least, as often decided against the superiour as 
the subordinate power. Sir, let me add too, that the opinion of my having some abstract right in 
my favour, would not put me much at my ease in passing sentence, unless I could he sure that 
there were no rights which, in their exercise under certain circumstances, were not the most 
odious of all wrongs, and the most vexatious of all injustice. Sir, these considerations have great 
weight with me, when I find things so circumstanced, that I see the same party, at once a civil 
litigant against me in point of right, and a culprit before me ; while I sit as criminal judge, on acte 
of his, whose moral quality is to be decided on, upon the merits of that very litigation. Men are 
every now and then put, by the complexity of human affairs, into strange situations ; but justice is 
the same, let the judge be in what situation he will. 

" There is, sir, also a circumstance which convinces me, that this mode of criminal proceeding 
is not, at least in the present stage of our contest, altogether expedient; which is nothing less than 
the conduct of those very persons who have seemed to adopt that mode, by lately declaring a 
rebellion in Massachusetts bay, as they had formerly addressed, to have traitors brought hither, 
under an act of Henry Eighth, for trial. For though rebellion is declared, it is not proceeded 
against as such ; nor have any steps been taken towards the apprehension or conviction of any in- 
dividual offender, either on our late or our former address ; but modes of publick coercion have 
been adopted, and such as have much more resemblance to a sort of qualified hostility towards aa 
independent power, than the punishment of rebellious subjects. All this seems rather inconsisU 
ent ; but it shows how difficult it is to apply these juridical ideas to our present case. 

"In this situation, let us seriously and coolly ponder. What is it we have got by all our me- 
naces, which have been many and ferocious .' What advantage have we derived from the penal 
laws we have passed, and which, for the time, have been severe and numerous ? What advances 
have we made towards our object, by the sending of a foree, which, by land and sea, is no con- 
temptible strength ? Has the disorder abated ? Nothing less.— When I see things in this situation, 
after such confident hopes, bold promises, and active exertions ; I cannot for my life avoid a sus- 
picion, that the plan itself is not correctly right. 

" If then the removal of the causes of this spirit of American liberty be, for the greater part, or 
rather entirely, impracticable; if the ideas of criminal prociss be inapplicable, or, if applicable, 
are in the highest degree inexpedient, what way yet remains? No way is open, but the third and. 
last — to comply with the American spirit as necessary, or, if you please, to submit to it as a ne- 
cessary evil. 

" If we adopt this mode, if we mean to conciliate and concede, let us see of what nature the 
concession ought to be. To ascertain the nature of our concession, we must look at their com- 
plaint. The colonies complain, that they have not the characteristick mark and seal of British, 
freedom. They complain, that they are taxed in parliament, in which they are not represented. 
If you mean to satisfy them at all, you must satisfy them with regard to this complaint. If you 
mean to please any people, you must give them the boon which they ask ; not what you may 
think better for them, but of a kind totally different. Such an act may be a wise regulation, but 
it is no concession ; whereas our present theme is, the mode of giving satisfaction, 

" Sir, I think you must perceive, that I am resolved this day to have nothing at all to do with the 
question of the right of taxation. Some gentlemen startle — but it is true. I put it totally out of 
the question. It is less than nothing in my consideration. I do not indeed wonder, nor will you, 



if« [lfT5,Mar/I HISTORICAL NOTES, &c. (Burke's Speech.) 

air, that gentlemen of profound learning are fond of displaying it, on this profound subject. But 
jny consideration is narrow, confined, and wholly limited to the policy of the question. I do not 
examine, whether the giving away a man's money be a power excepted and reserved, out of the 
general trust of government ; and how far all mankind, in all forms of polity, are entitled to an 
exercise of that right, by the charter of nature. Or whether, on the contrary, a right of taxation 
is necessarily involved in the general principle of legislation, and inseparable from the ordinary 
supreme power. These are deep questions, where great names militate against each other ; 
where reason is perplexed ; and an appeal to authorities only thickens the confusion. For high, 
and reverend authorities lift up their heads on both sides ; and there is no sure footing in the 
middle. This point is the 'great Serbonian bog, betwixt Damiata and Mount Casius old, 
where armies -whole have sunk.' I do not intend to be overwhelmed in that bog, though in such 
respectable company. The question with me is, not whether you have a right to render your 
people miserable ; but whether it is not your interest to make them happy. It is not, what a 
lawyer tells me 1 may do; but what humanity, reason, and justice, tell me I ought to do. Is a 
politick act the worse for being a generous one ? Is no concession proper, but that which is made 
from want of right, to keep what you grant ? Or does it lessen the grace or dignity of relaxing ia 
the exercise of an odious claim, because you have your evidence room full of titles, and your 
magazines stuffed with arms to enforce them ? What signify all those titles, and all those arms ? 
Of what avail are they, when the reason of the thing tells me, that the assertion of my title is the 
loss of my suit ; and that I could do nothing but wound myself, by the use of my own weapons ? 

" Such is stedfastly my opinion of the absolute necessity, of keeping up the concord of this em- 
pire by a unity of spirit, though in a diversity of operations, that, if I were sure the colonists had, 
at their leaving this country, sealed a regular compact of servitude ; that they had solemnly ab- 
jured all the rights of citizens ; that they had made a vow, to renounce all ideas of liberty for them 
and their posterity to all generations, yet I should hold myself obliged to conform to the temper 
I found universally prevalent in my own day, and to govern two millions of men, impatient of ser- 
yitude, on the principles of freedom. I am not determining a point of law. I am restoring tran- 
quillity ; and the general character and situation of a people must determine, what sort of govern- 
ment is fitted for them. That point nothing else can or ought to determine. 

" My idea, therefore, without considering whether we yield as matter of right, or grant as 
matter of favour, is to admit the people of. our colonies into an interest in the constitution ; and 
by recording that admission in the journals of parliament, to give them as strong an assurance as 
the nature of the thing will admit, that we mean forever to adhere, to that solemn declaration of 
systematick indulgence. 

« Some years ago, the repeal of a revenue act, upon its understood principle, might have served 
to show, that we intended an unconditional abatement of the exercise of a. taxing power. Such 
a measure was then sufficient to remove all suspicion, and to give perfect content. But unfortu- 
nate events, since that time, may make something further necessary, and not more necessary 
for the satisfaction of the colonies, than for the dignity and consistency of our own future pro- 
ceedings. 

" I have taken a very incorrect measure of the disposition of the house, if this proposal in itself 
would be received with dislike. I think, sir, we have few American financiers. But our misfor- 
tune is, we are too acute, we are too exquisite in our conjectures of the future, for men oppres- 
sed with such great and present evils. The more moderate among the opposers of parliamentary 
concession freely confess, that they hope no good from taxation ; but they apprehend the colonists 
have further views; and if this point were conceded, they would instantly attack the trade laws. 
These gentlemen are convinced, that this was the intention from the beginning. And the quarrel 
of the Americans with taxation, was no more than a cloak and cover to this design. Such has 
been the language even of a gentleman (1) of real moderation, and of a natural temper well 
adjusted to fair and equal government. I am, however, sir, not a little surprised at this kind of 
discourse, whenever 1 hear it; and I am the more surprised, on account of the arguments which 
I constantly find in company with it, and which are often urged from the same mouths, and on 
the same day. 

« For instance, when we allege, that it is against reason to tax a people under so many re- 
straints in trade as the Americans, the noble lord (2) in the blue ribbon shall tell you, that the 
restraints on trade are futile and useless; of no advantage to us, and of no burden to those en 

f 1 ) Mr. Mice. {2} Lord JY$rt7i_. 



11775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) ffi 

whom they are imposed ; that the trade of America is not secured by the acts of navigation, but 
by the natural and irresistible advantage of a commercial preference. 

" Such is the merit of the trade laws in this posture of the debate. But when strong internal 
circumstances are urged against the taxes; when the scheme is dissected; when experience and 
the nature of things are brought to prove, and do prove, the utter impossibility of obtaining an 
effective revenue from the colonies ; when these things are pressed, or rather press themselves, 
so as to (hive the advocates of colony taxes, to a clear admission of the futility of the scheme ; then, 
sir, the sleeping trade laws revive from their trance ; and this useless taxation is to be kept sacred, 
not for its own sake, but as a counterguard and security of the laws of trade. 

"Then, sir, you keep up revenue laws which are mischievous, in order to preserve trade laws 
that are useless. Such is the wisdom of our plan in both its members, They are separately given 
up a3 of no value, and yet one is always to be defended for the sake of the other. But I cannot 
agree with ihe noble ord, nor with the pamphlet from whence he seems to have borrowed these 
ideas, concerning the utility of the trade laws. For, without idolizing them, I am sure they are 
Still, in many ways, of g/ eat use to us; and in former times, they have been of the greatest. 
They do confine, and they do greatly narrow the market for the Americans. But my perfect 
conviction of this, does not help me in the least to discern how the revenue laws form any security- 
whatsoever, to the commercial regulations; or that these commercial regulations are the true 
ground of the quarrel ; or, that the giving way in any one instance of authority, is to lose all that 
may remain unconceded. 

"One fact is clear and indisputable. The publick and avowed origin of this quarrel, was on taxa- 
tion. This quarrel has indeed brought on new disputes on new questions; but certainly the least 
bitter, and the fewest of all, on the trade laws. To judge which of the two be the real,radical cause 
of quarrel, we have to sec whether the commercial dispute did, in order of time precede the dis- 
pute on taxation ? There is not a shadow of evidence for it. Next, to enable us to judge whether 
at this moment a dislike to the trade laws be the real cause of quarrel, it is absolutely necessarj 
to put the taxes out of the question by a repeal. See how the Americans act in this position, and 
then you will be able to discern correctly, what is the true object of the controversy, or whether 
any controversy at all will remain ? Unless you consent to remove this cause of difference, it is 
impossible, with decency, to assert that the dispute is not upon what it is avowed to be. And I 
would, sir, recommend to your serious consideration, whether it be prudent to form a rule for 
punishing people, not on their own acts, but on your conjectures.' Surely it is preposterous at the 
Tery best. It is not justifying your anger, by their misconduct ; but it is converting your ill will, 
into their delinquency. 

«But the colonies will go further. — Alas ! alas! when will this speculating against fact and rea- 
son e'nd ? What will quiet these panick fears which we entertain, of the hostile effect of a concili- 
atory conduct? Is it true, that no case can exist, in which it is proper for the sovereign to accede 
to the desires, of his discontented subjects ? Is there any thing peculiar in this case, to make a rule 
for itself? Is all authority of course lost, when it is not pushed to the extreme? Is it a certain 
maxim, that, the fewer causes of dissatisfaction are left by government, the more the subject will 
be inclined to resist and rebel ? 

" All these objections being in fact no more than suspicions, conjectures, divinations, formed in 
defiance of fact and experience, they did not, sir, discourage me from entertaining the idea of a 
conciliatory concession, founded on the principles which I have just stated. 

" In forming a plan for this purpose, I endeavoured to put myself in that frame of mind, which 
was the most natural, and the most reasonable ; and which was certainly the most probable means 
of securing me from all errour. I set out with a perfect distrust of my own abilities; a total re- 
nunciation of every speculation of my own ; and with a profound reverence for the wisdom of 
our ancestors, who have left us the inheritance of so happy a constitution, and so flourishing au 
empire, and what is a thousand times more valuable, the treasury of the maxims and principles 
which formed the one, and obtained the other. 

"During the reigns of the kings of Spain of the Austrian family, whenever they were at a loss 
in the Spanish councils, it was common for their statesmen to say, that they ought to consult the 
genius of Philip the Second. The genius of Philip the Second might mislead them ; and the 
issue of their affairs showed, that they had not chosen the most perfect standard. But, sir, I 
am sure that I shall not be misled, when, in a case of constitutional difficulty, I consult the genius, 
of the English eemtitulimi. Consulting at that oracle (it was with all due humility and piety), I 



178 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

found four capital examples, in a similar case before me : those of Ireland, Wales, Chester, 
and Durham. 

"Ireland, before the English conquest, though never governed by a despotick power, had no 
parliament. How far the English parliament itself was, at that time, modelled according to the 
present form, is disputed among antiquarians. But we have all the reason in the world to be 
assured, that a form of parliament, such as England then enjoyed, she instantly communicated to 
Ireland ; and we are equally sure that almost every successive improvement, in constitutional li- 
berty, as fast as it was made here, was transmitted thither. The feudal baronage, and the feudal 
knighthood, the roots of our primitive constitution, were early transplanted into that soil ; and 
grew and flourished there. Magna Charta, if it did not give us originally the house of commons, 
gave us, at least, a house of commons of weight and consequence. But your ancestors did not, 
churlishly, sit down alone to the feast of Magna Charta. Ireland was made immediately a parta- 
ker. This benefit of English laws and liberties, I confess, was not at first extended to ail Ireland. 
Mark the consequence. English authority and English liberty had exactly the same boundaries. 
Your standard could never be advanced an inch before your privileges. Sir John Davis shows 
beyond a doubt, that the refusal of a general communication of these rights, was the true cause 
why Ireland was five hundred years in subduing ; and after the vain projects of a military govern- 
ment, attempted in the reign of queen Elizabeth, it was soon discovered, that nothing could 
make that country English, in civility and allegiance, but your laws and your forms of legisla- 
ture It was not English arms, but the English constitution, that conquered Ireland. From that 
time, Ireland has ever had a general parliament, as she had before a partial parliament. You 
changed the people ; you altered the religion ; but you never touched the form or the vital sub- 
stance, of free government in that kingdom. You deposed kings ; you restored them ; you alter- 
ed the succession to theirs, as well as to your own crown ; but you never altered their constitu- 
tion; the principle of which was respected by usurpation ; restored with the restoration of monar- 
chy, and established, I trust, for ever, by the glorious revolution. This has made Ireland the 
great and flourishing kingdom that it is; and from a disgrace and a burden intolerable to this 
nation, has rendered her a principal part of our strength and ornament. This country cannot be 
aaid to have ever formally taxed her. The irregular things done in the confusion of mighty 
troubles, and on the hinge of great revolutions, even if all were done that is said to have been 
done, form no example. If they have any effect in argument, they make an exception to prove 
the rule. None of your own liberties could stand a moment, if the casual deviations from them, 
at such times, were suffered to be used as proofs of their nullity. By the lucrative amount of such 
casual breaches in the constitution, judge what the stated and fixed rule of supply has been in that 
kingdom. Your Irish pensioners would starve, if they had no other fund to live on, than taxes 
granted by English authority. Turn your eyes to those popular grants from whence all yonr- 
great supplies are come ; and learn to respect that only source of publick wealth in the British 
empire. 

" My next example is Wales. This country was said to be reduced by Henry the Third. It 
was said more truly to be so by Edward the First. But though then conquered, it was not 
looked upon as any part of the realm of England. Its old constitution, whatever that might have 
been, was destroyed, and no good one was substituted in its place. The care of that tract was 
put into the hands of lords marchers — a form of government of a very singular kind ; a strange 
heterogeneous monster, something between hostility and government ; perhaps it has a sort of 
resemblance, according to the modes of those times, to that of commander in chief at present, to 
whom all civil power is granted as secondary. The manners of the Welsh nation, followed the 
genius of the government. The people were ferocious, restive, savage, and uncultivated ; some- 
times composed, never pacified. Wales within itself, was in perpetual disorder ; and it kept the 
frontier of England in perpetual alarm. Benefits from it to the state there were none. Wales 
was only known to England by incursion and invasion. 

" Sir, during that state of things, parliament was not idle. They attempted to subdue the fierce 
spirit of the Welsh, by all sorts of rigorous laws. They prohibited by statute the sending all sorts 
of arms into Wales, as you prohibit by proclamation (with something more of doubt on the le- 
gality), the sending arms to America. They disarmed the Welsh by statute, as you attempted 
(but still with more question on the legality) to disarm New England by an instruction. They 
made an act to drag offenders from Wales into England for trial, as you have done (but with more 
hardship) with regard to America. By another act, where one of the parties was an English- 
man, they ordained, that his trial should be always by English. They made acts to restrain trade* 



[1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 179 

as you do ; and they prevented the Welsh from the use of fairs and markets, as you do the Ame- 
ricans from fisheries and foreign ports. In short, when the statute book was not quite so much 
swelled as it is now, you find no less than fifteen acts of penal regulation, on the subject of Wales. 
" Here we rub our hands. — A fine body of precedents for the authority of parliament, and the 
use of it ! I admit it fully ; and pray add likewise to these precedents, that all the while, Wales 
rid this kingdom like an incubus ; that it was an unprofitable and oppressive burden ; and that 
an Englishman travelling in that country, could not go six yards from the high road without being 
murdered. 

" The march of the human mind is slow. Sir, it was not until after two hundred years disco- 
vered, that by an eternal law, Providence had decreed vexation to violence, and poverty to 
rapine. Your ancestors did however at length, open their eyes to the ill husbandry of injustice. 
They found that the tyranny of a tree people could, of all tyrannies, the least be endured ; and that 
Jaws made against a whole nation, were not the most effectual methods for securing its obedience. 
Accordingly, in the twenty-seventh year of Henry VIII. the course was entirely altered. With 
a preamble stating the entire and perfect rights of the crown of England, it ga?e to the Welsh all 
the rights and privileges of English subjects. A political order was established ; the military power 
gave way to the civil ; the marches were turned into counties. But that a nation should have » 
right to English liberties, and yet no share at all in the fundamental security of these liberties, the 
grant of their own property, seemed a thing so incongruous, that eight years after, that is, in 
the thirty -fifth of that reign, a complete, and not ill proportioned representation, by comities and 
boroughs, was bestowed upon Wales by act of parliament. From that moment, as by a charm, 
the tumults subsided ; obedience was restored ; peace, order, and civilization followed in the 
train of liberty. When the day star of the English constitution, had arisen in their hearts, all 
was harmony within and without — 

Simul alba nautis 
Stella refulsit, 
Defluit saxis agitatus humor .- 
Concidunt venti,fugiuntque nubes .- 
Et minax (quod sic voluere) ponto 
Unda recumbit. 
« The very same year the county palatiue of Chester, received the same relief from its oppres- 
sions, and the same remedy to its uisorders. Before this time, Chester was little less distempered 
than Wales. The inhabitants, without rights themselves, were the fittest to destroy the rights 
of others ; and from thence Richard II. drew the standing army of archers, with which for a 
time he opprsessed England. The people of Chester applied to parliament in a petition, penned 
as I shall read to you. 

" ' To the king our sovereign lord, in most humble wise shown unto your excellent majesty, the 
inhabitants of your grace's county palatine of Chester; That whereas the said county palatine of 
Chester is and hath been always hitherto exempt, excluded and separated out and from your 
high court of parliament, to have any knights and burgesses within the said court ; by reason 
whereof the said inhabitants, have hitherto sustained manifold disherisons, losses and damages, as 
well in their lands, goods, and bodies, as in the good, civil, and politick governance and mainte- 
nance of the commonwealth ot their said country : 2. And for as much as the said inhabitants 
have always hitherto, been bound by the acts and statutes made and ordained by your said high- 
ness, and your most noble progenitors, by authority of the said court, as far forth as other counties, 
cities, and boroughs have been, that have had their knights and burgesses within your said court 
of parliament, and yet have had neither knight nor burgess there for the said county palatine; 
the said inhabitants, for lack thereof, have been oftentimes touched and grieved with acts and 
statutes made within the said court, as well derogatory unto the most ancient jurisdictions, liber- 
ties, and privileges of your said county palatine, as prejudicial unto the commonwealth, quietness, 
rest, and peace of your grace's mostbounden subjects inhabiting within the same.' 

" What did parliament with this audacious address ? Reject it as a libel ? Treat it as an affront 
to government? Spurn it as a derogation from the rights of legislature ? Did they toss it over the 
table ? Did they burn it by the hands of the common hangman ?— They took the petition of griev- 
ance, all rugged as it was, without softening or temperament, unpurged of the original bitterness 
and indignation of complaint ; they made it the very preamble to their act of redress ; and conse- 
crated its principle to all ages in the sanctuary of legislation. 
"Here Is my third example. It was attended with the success of the two former. Chester, 



180 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

civilized as well as Wales, has demonstrated that freedom, and not servitude, is the cure of anarchy ; 
as religion, and not atheism, is the true remedy for superstition. Sir, this pattern of Chester was 
followed in the reign of Charles II. with regard to the county palatine of Durham which is my 
fourth example. This count) had long lain out of the pale of free legislation. So scrupulously 
was the example of Chester followed, that the style of the preamble is nearly the same with that 
of the Chester act; and without affecting the abstract extent of the authority of parliament, it re- 
cognises the equity, of not suffering any considerable district in which the British subjects may act 
as a body, to be taxed without their own voice in the grant. 

"Now if the doctrines of policy contained in these preambles, and the force of these examples 
in the acts of parliament, avail any thing, what can be said against applying them with regard to 
America ? Are not the people of America as much Englishmen as the Welsh ? The preamble of 
the act of Henry VIII. says, the Welsh speak a language no way resembling that of his majesty's j 
English subjects. Are the Americans not as numerous ? If we may tru3t the learned and accu- 
rate judge Barrington's account of North Wales, and take that as a standard to measure the rest, 
there is no comparison. The people cannot amount to above 200,000 ; not a tenth part of the 
number in the colonies. Is America in rebellion ? Wales was hardly ever free from it. Have 
you attempted to govern America by penal statutes ? You made fifteen for Wales. But your 
legislative authority is perfect -with regard to America. Was it less perfect in Wales, Chester, 
and Durham ? But America is virtually represented. What ! does the electrick force of virtual 
representation more easily pass over the Atlantick, than pervade Wales, which lies in your neigh- 
hourhood ; or than Chester and Durham, surrounded by abundance of representation that is ac= 
tual and palpable \ But, sir, your ancestors thought this sort of virtual representation, however 
ample, to be totally insufficient for the freedom of the inhabitants of territories that are so near, 
and comparatively so inconsiderable. How then can I think it sufficient for those which are infi- 
nitely greater, and infinitely more remote ? 

" You will now, sir, perhaps imagine, that I am on the point of proposing to you a scheme for 
a representation of the colonies in parliament. Perhaps I might be inclined to entertain some 
such thought; but a great flood stops me in my course. Opposuit natura. I cannot remove the 
eternal barriers of the creation. The thing in that mode, I do not know to be possible. As I 
meddle with no theory, I do not absolutely assert the impracticability of such a representation. 
But I do not see my way to it; and those who have been more confident, have not been more 
successful. However, the arm of publick benevolence is not shortened ; and there are often se- 
veral means to the same end. What nature has disjoined in one way, wisdom may unite in 
another. When we cannot give the benefit as we would wish, let us not refuse it altogether. If we 
cannot give the principal, let us find a substitute. But how ? Where ? What substitute ? 

" Fortunately, lam not obliged for the ways and means of this substitute, to tax my own unpro- 
ductive invention. I am not even obliged to go to the rich treasury of the fertile framers, of ima- 
ginary commonwealths; not to the Republick of Plato, not to the Utopia of More, not to the 
Oceana of Harrington. It is before me — It is at my feet, and the rude swain treads daily on it 
with his clouted shorn. I only wish you to recognise, for the theory, the ancient constitutional 
policy of this kingdom with regard to representation, as that policy has been declared in acts of 
parliament; and, as to the practice, to return to that mode which a uniform experience base 
marked out to you, as best ; and in which you walked with security, advantage, and honour, until 
the year 1763. 

" My resolutions, therefore, mean to establish the equity and justice of a taxation of America, 
by grant and not by imposition. To mark the legal competency of the colony assemblies for the 
support of their government in peace, and for publick aids in time of war. To acknowledge that 
this legal competency has had a dutiful and beneficial exercise ; and that experience has shows 
the benefit of their grants, and the futility of parliamentary taxation as a method of supply. 

♦'These solid truths compose six fundamental propositions. There are three more resolutions 
corollary to these. If you admit the first set, you can hardly reject the others. But if you admit 
the first, I shall be far from solicitous whether you accept or refuse the last. I think these six 
massive pillars, will be of strength sufficient to support the temple of British concord. I have no 
more doubt than I entertain of my existence, that, if you admitted these, you would command an 
immediate peace; and with but tolerable future management, a lasting obedience in America. 
I am not arrogant in this confident assurance. The propositions are all mere matters of fact; and 
if they are such facts as draw irresistible conclusions even in the stating, this is the power of truth, 
and not any management of mine. 






11775, "Mar.! HISTORICAL NOTES, &c. (Burke's Speech.) 18i 

" Sir, I shall open the whole plan to you together, with such observations on the motious as 
may tend to illustrate them, where they may want explanation. The first is a resolution—" That 
the colonies and plantations of Great Britain in North America, consisting of fourteen separate 
governments, and containing two millions and upwards of free inhabitants, have not bad the Uberty 
and privilege of electing and sending any knights and burgesses, or others to represent them in 
the high court of parliament." — This is a plain matter of fact, necessary to be laid down, and 
(excepting the description) it is laid down in the language of the constitution ; it is taken nearly 
verbatim from acts of parliament. 

" The second is like unto the first—-' That the taid colonies and plantations have been liable to, 
and bounden by, several subsidies, payments, rates, and taxes, given and granted by parliament, 
though the said colouies and plantations have not their knights and burgesses, in the said high court 
of parliament, of their own election, to represent the condition of their country ; by lack whereof 
they have been oftentimes touched and grieved by subsidies given, granted, and assented to, in the 
said court, in a manner prejudicial to the common wealth, quietness, rest, and peace of the sub- 
jects inhabiting within the same.' 

"Is dus description too hot, or too cold, too strong, or too weak t Does it arrogate too much to 
the supreme legislature ? Does it leau too much to the claims of the people ? If it runs into any 
of these errours, the fault is not mine. It is the language of your own ancient acts of parliament. 
JVbra mens liic sermo, sed quae prxcepit Qfellus, rusticus, abnormis sapiens. It is the genuine, 
produce of the ancient, rustick, manly, homebred sense of this country •— I did not dare to rub off 
a particle of the venerable rust, that rather adorns and preserves, than destroys the metal, ft 
would be a profanation to touch with a tool, the stones which construct the sacred altar of peace. 
I would not violate with modern polish, the ingenuous and noble roughness of these truly constitu- 
tional materials. Above all things, I was resolved not to be guilty of tampering, the odious vice 
of restless and unstable minds. I put my foot in the tracts of our forefathers, where I can neither 
wander nor stumble. Determining to fix articles of peace, I was resolved not to be wise beyond 
■what was written ; I was resolved to use nothing else than the form of sound words ; to let others 
abound in their own sense, and carefully to abstain from all expressions of my own. What the 
law has said, I say— In all things else I am silent— I have no organ but for her words. This, if it 
be not ingenious, I am sure is safe. 

" There are indeed, words expressive of grievance in this second resolution, which those who 
are resolved always to be in the right, will deny to contain matter of fact, as applied to the present 
case ; although parliament thought them true, with regard to the counties of Chester and Durham. 
They will deny that the Americans were ever « touched and grieved' with the taxes. If they con- 
sider nothing in taxes but their weight as pecuniary impositions, there might be some pretence for; 
this denial. But men may be sorely touched and deeply grieved in their privileges, as well as in 
their purses. Men may lose little in property, by the act which takes away all their freedom. 
When a man is robbed of a trifle on the highway, it is not the twopence lost that constitutes the 
capital outrage. This is not confined to privileges. Even ancient indulgences withdrawn, with- 
out offence on the part of those who enjoyed such favours, operate as grievances. But were the 
Americans then not touched and grieved by the taxes, in some measure merely as taxes ? If so, 
why were they, almost all, either wholly repealed or exceedingly reduced ! Were they not touched 
and grieved, even by the regulating duties of the sixth of George n ? Else why were the duties 
first reduced to one third in 1764, and afterward to a third of that third in the year 1766 ? Were 
they not touched and grieved by the stamp act ? I shall say they were, until that tax is revived. 
Were they not touched and grieved by the duties of 1767, which were likewise repealed, aud 
which, lord Hillsborough tells you, for the ministry, were laid contrary to the true principle of 
commerce ? Is not the assurance given by that noble person to the colonies, of a resolution to lay 
no more taxes on them, an admission that taxes would touch and grieve them ? Is not the resolu- 
tionof the noble lord in the blue ribbon, now standing on your journals, the strongest of all proofs 
that parliamentary subsidies really touched and grieved them— else, why all these changes, modifi- 
„cations, repeals, assurances, and resolutions ? 

« The next proposition is — ' That, from the distance of the said colonies, and from other ch> 
cUmstances, no method hath hitherto been devised lor procuring a representation in parliament 
for the said colonies.' This is an assertion of a fact. I go no further on the paper ; though in my 
private judgment, a useful representation is impossible ; I am sure it is not desired by them, nor 
ought it, perhaps, by us ; but I abstain from opinions. 
E *The fourth resolution ia— » 'That each of the said colonies hath within, itself a body, chosen m 



182 [Iff 5, Mar.} HISTORICAL NOTES, &c. (Burke's Speech.) f 



part, or in the whole, by the freemen, freeholders, or other free inhabitants thereof, commonly ] j 
called the general assembly, or general court, with powers legally to raise, levy, and assess, ac- 
cording to the several usages of such colonies, duties and taxes, towards defraying all sorts of publick f 
services.' 

« This competence in the colony assemblies is certain. It is proved by the whole tenonr of j 
their acts of supply in all the assemblies, in which the constant style of granting is, ' an aid to his 
majesty ;' and acts granting to the erown have regularly for near a century, passed the publick |- 
offices without dispute. Those who have been pleased paradoxically to deny this right, holding 
that none but the British parliament can grant to the crown, are wished to look to what is done, f 
not only in the colonies, but in Ireland, in one uniform unbroken tenour every session. Sir, I am J 
surprised, that this doctrine should come from some of the law servants of the crown. I say, that , ; 
if the crown could be responsible, his majesty — but certainly the ministers, and even these law | 
officers themselves, through whose hands the acts pass biennially in Ireland, or annually in the t 
colonies — are in a habitual course of committing impeachable offences. What habitual offenders ; 
■have been all presidents of the council, all secretaries of state, all first lords of trade, all attornies j 
■and all solicitors general ! However, they are safe, as no one impeaches them ; and there is no I 
ground of charge against them, except in their own unfounded theories. 

"The fifth resolution is also a resolution of fact — «That the said general assemblies, general I 
courts, or other bodies legally qualified as aforesaid ; have at sundry times freely granted, several 
targe subsidies and publick aids for his majesty's service, according to their abilities, when required 
thereto by letter, from one of his majesty's principal secretaries of state. And that their right to 
grant the same, and their cheerfulness and sufficiency in the said grants, have been at sundry 
times acknowledged by parliament.' To say nothing of their great expenses in the Indian wars; ; 
and not to take their exertion in foreign ones, so high as the supplies in the year 1695 ; not to go 
tack to their publick contributions in the year 1710 ; I shall begin to travel only where the jour- I 
nals give me light; resolving to deal in nothing but fact, authenticated by parliamentary record ; l 
and to build myself wholly on that solid basis. 

" On the fourth of April, 1748, (1) a committee of this house came to the following reso- | 
Iution : 

" ' Resolved, That it is the opinion of this committee, That it is just and reasonable that the 
Several provinces and colonies of Massachusetts bay, JVew Hampshire, Connecticut and Rhode 
Island, be reimbursed the expenses they have been at, in taking and securing to the crown of \ 
Great Britain, the island of Cape Breton, and its dependencies.' 

*' These expenses were immense for such colonies. They were above 269,0001. sterling ; mo- 
ney first raised and advanced on their publick credit. 

"On the 28th of January, 1756, (2) a message from the king came to us, to this effect — 'His 
majesty, being sensible of the zeal and vigour with which his faithful subjects of certain colonies in 
North America, have exerted themselves in defence of his majesty's just rights and possessions, 
Recommends it to this house to take the same into their consideration, and to enable his majesty 
to give them such assistance, as may be a proper reward and encouragement? 

"On the third of February, 1756, (3) the house came to a suitable resolution, expressed in words 
nearly the same as those of the message; but with the further addition, that the money then voted 
was as an encouragement to the colonies, to exert themselves with vigour. It will not be necessary 
to go through all the testimonies which your own records have given, to the truth of my resolu- 
tions. I will only refer you to the places in the journals : 

«' Vol. xxvii — 16th and 19th May, 1757. 

*« Vol. xxviii.— June 1st, V?5%—Ap. 26 and 30th, 1759— Mar. 26th and 31st, and JSp. 28th, 1760, 
—Jan. 9th and 20th, 1761. 

« Vol. xxix.— Jan. 22d and 26th, 1762— March 14th and 17th, 1763. 

* Sir, here is the repeated acknowledgment of parliament, that the colonies not only gave, but 
gave to satiety. This nation has formerly acknowledged two things ; first, that the colonies had 
gone beyond their abilities, parliament having thought it necessary to reimburse them ; secondly, 
that they had acted legally and laudably in their grants of money, and their maintenance of troops., 
since the compensation is expressly given as reward and encouragement. Reward is not bestowed 
for acts that are unlawful ; and encouragement is not held out to things that deserve reprehension. 
My resolution therefore does nothing more than collect into one proposition, what is scattered 

(1) Journals of ttfe House, vol. xxv, (2) Ibid. vol. xxvii* (3) /&'£ 



[1775,Mar.l HISTORICAL NOTES, &c. CBurke's Speccli.) 183 

through your journals. I give you nothing but your own ; and you cannot refuse in the gross, 
what you have so often acknowledged in detail. The admission of this, which will be so honoura- 
| ble to them and to you, will, indeed, be mortal to all the miserable stories, by which the passions 
| of the misguided people have been engaged in an unhappy system. The people heard, indeed, 
j from the beginning of these disputes, one thing continually dinned in their ears, that reason and 
- justice demanded, that the Americana, who paid no taxes, should be compelled to contribute. 
l| How did that fact, of their paying nothing, stand, when the taxing system began ? When Mr. 
' GrenviUe began to form his system of American revenue, he stated in this house, that the colo- 
! nies were then in debt, two million six hundred thousand pounds sterling money ; and was of 
opinion they would discharge that debt in four years. On this state, those untaxed people were 
j actually subject to the payment of taxes, to the amount of six hundred and fifty thousand a year. 
' In fact, however, Mr. Grenville was mistaken. The funds given for sinking the debt did not 
i prove quite so ample, as both the colonies and he expected. The calculation was too sanguine: 
| the reduction was not completed till some years after, and at different times in different colonies. 
i However, the taxes after the war continued too great to bear any addition, with prudence or pro- 
! priety ; and when the burdens imposed in eonsequence of former requisitions were discharged, 
I eur tone became too high to resort again to requisition. No colony, since that time, ever has had 
I any requisition whatsoever made to it. 

"We see the sense of the crown, and the sense of parliament, on the productive nature of a 
revenue by grant. Now search the same journals for the produce of the revenue by imposition — 
Where is it ? — let us know the volume and the page — what is the gross, what is the net produce ? 
— to what service is it applied ?— how have you appropriated its surplus ? — What, can none of the 
many skilful index-makers that we are now employing, find any trace of it ? — well, let them and 
that rest together. But are the journals, which say nothing of the revenue, as silent on the dis- 
content ? Oh no ! a child may find it. It is the melancholy burden and blot of every page. 

" I think then I am, from those journals, justified in the sixth and last resolution, which is — 
' That it hath been found by experience, that the manner of granting the said supplies and aids, 
by the said general assemblies, hath been more agreeable to the said colonies, and more benefi- 
cial, and conducive to the publick service, than the mode of giving and granting aids in parlia- 
ment, to be raised and paid in the said colonies.' This makes the whole of the fundamental part of 
(he plan. The conclusion is irresistible. You cannot say that you were driven by any necessity, 
to an exercise of the utmost rights of legislature. You cannot assert, that you took on yourselves 
the task of imposing colony taxes, from the want of another legal body, that is competent to the 
purpose of supplying the exigencies of the state, without wounding the prejudices of the peo- 
ple. Neither is it true, that the body so qualified and having that competence, had neglected the 
duty. 

"The question now, on all this accumulated matter, is {—Whether you will choose to abide by 
a profitable experience, or a mischievous theory ? Whether you choose to build on imagination or 
fact ? Whether you prefer enjoyment or hope ; satisfaction in your subjects, or discontent ? 

" If these propositions are accepted, every thing which has been made to enforce a contrary 
system, must, I take it for granted, fall along with it. On that ground, I have drawn the following 
resolution, which, when it comes to be moved, will naturally be divided in a proper manner; 
« That it may be proper to repeal an act, made in the seventh year of the reign of his present 
majesty, entitled, An act for granting certain duties in the British colonies and plantations in 
America; for allowing a draw back of the duties of customs upon the exportation from this kingdom 
of coffee and cocoa-nuts of the produce of the said colonies or plantations ; for discontinuing the 
drawbacks payable on China earthenware exported to America; and for more effectually pre- 
yenting the clandestine running of goods in the said colonies and plantations. — And that it may be 
proper to repeal an act, made in the fourteenth year of the reign of his present majesty, entitled 
An act to discontinue, in such manner, and for such time, as are therein mentioned, the landing 
and discharging, lading or shipping, of goods, wares, and merchandize, at the town and within the 
Jharbour of Boston, in the province of Massachusetts bay, in JVbrth America. — and that it may 
fie proper to repeal an act, made in the fourteenth year of the reign of his present majesty, en- 
titled, An act for the impartial administration of justice, in the cases of persons questioned for any 
acts done by them, in the execution of the law, or for the suppression of riots and tumults, in the 
province of Massachusetts bay, in New England, — And that it may be proper to repeal an act, 
made in the fourteenth year of the reign of hit present majesty, entitled, An act for the better 
regulating the government of the province ojf Massachmetts bay, in JYeyn E)>gland f —Aail also,. 



184 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

tha. it may be proper to explain and amend an act, made in the thirty-fifth year of the reign of 
king Henry the eighth, entitled, An act for the trial of treasons committed out of the king's do- 
minions.' 

" 1 wish, sir, to repeal the Boston Port Bill, because (independently of the dangerous precedent 
of suspending the rights of the subject during the king's pleasure) it was passed, as I apprehend, 
with ies» regularity, and on more partial principles, than it ought. The corporation of Bosto?i was 
not heard before it was condemned. Other towns, full as guilty as she was, have not had their 
poj i blocked up. Even the restraining bill of the present sessioa, does not go to the length of the 
Boston Port Act. The same ideas of prudence, which induced you not to extend equal punish- 
ment to equal guilt, even when you were punishing, induce me, who mean not to chastise, but to 
reconcile, to be satisfied with the punishment already partially inflicted. 

" Ideas ot prudence, and accommodation to circumstances, prevent you from taking away the j 
charters of Connecticut and Mhode Island, as you have >taken away that of Massachusetts colony, 
though the crown has far less power in the two former provinces, than it enjoyed in the latter; 
and though the abuses have been full as great, and as flagrant, in the exempted as in the punished. 
The same reasons ol prudence and accomodation have weight with me, in restoring the charter of 
Massachusetts bay. Besides, sir, the act which changes the charter of Massachusetts is in many- 
particulars so exceptionable, that if I did not wish absolutely to repeal, I would by all means 
desire to alter it; as several of its provisions tend to the subversion of all publick and private justice. 
Such among others, is the power in the governour to change the sheriff" at his pleasure ; and to 
make a new returning officer for every special cause. It is shameful to behold such a regulation 
standing among English laws. 

" The act, for bringing persons accused of committing murder, under the orders of government 
to England for trial, is but temporary. ' That act has calculated the probable duration of our quar- 
rel with the colonies ; and is accommodated to that supposed duration. I would hasten the happy 
moment of reconciliation; and therefore must, on my principle, get rid of that most justly obnox- 
ious act. 

" The act of Henry the Eighth, for the trial of treasons, I do not mean to take away, but to 
confine it to its proper bounds and original intention ; to make it expressly for trial of treasons 
fand the greatest treasons may be committed) in places where the jurisdiction of the crown does 
not extend. 

" Having guarded the privileges of local legislature, I would next secure to the colonies, a fair 
and unbiassed judicature ; for which purpose, sir, I propose the following resolution : ' That, from 
the time when the general assembly or general court, of any colony or plantation in North .Ame- 
rica, shall have appointed by act of assembly, duly confirmed, a settled salary to the officers of 
the chief justice and other judges of the superiour court, it may be proper, that the said chief 
justice and other judges of the superiour courts of such colony, shall hold his and their office and 
offices during their good behaviour; and shall not be removed therefrom, but when the said re- 
moval shall be adjudged by his majesty in council, upon a hearing on complaint from the general 
assembly, or on a complaint from the governor, or council, or the house of representatives seve- 
rally, of the colony in which the said chief justice and other judges, have exercised the said offices.' 

" The next resolution relates to the courts of admiralty— 

'•It is this: — 'That it may be proper to regulate the courts of admiralty, or vice admiralty, 
authorized by the 15th chap, of the 4th of George the Third, in such a manner as to make the 
same more commodious to those who sue, or are sued, in the said courts, and to provide for the 
more decent maintenance of thejudges^i the same.' 

" These courts I do not wish to take away. They are in themselves proper establishments. 
This court is one of the capital securities of the act of navigation. The extent of its jurisdiction, 
indeed, has been increased ; but this is altogether as proper, and is indeed, on many accounts, 
more eligible where new powers were wanted, than a court absolutely new. But courts incom- 
modiously situated, in effect deny justice ; and a court, partaking in the fruits of its own condem- 
nation, is a robber. The congress complain, and complain justly, of this grievance.(l) 

«* These are the three consequential propositions. I have thought of two or three more ; but 
they come rather too near detail, and to the province of executive government, which I wish 
jarliament always to superintend, never to assume. If the first six are granted, congruity will 

(1) The Solicitor General informed Mr. B. -when tfie resolutions -were separately moved, that 
the grievance of the judges partaking of the profits of the seizure^ had been redressed by office; 
accordingly the resolution was amended. 



[If 75, Mar.] HISTORICAL' NOTES, &c. (Burke's Speech.) 185 

carry the latter three. If not, the things that remain unrepealed will be, I hope, rather unseemly 
incumbrances on the building, than very materially detrimental to its strength and stability. 

" Here, sir, I should close ; but that I plainly perceive some objections remain, which I ought 
if possible, to remove. The first will be, that, in resorting to the doctrine of our ancestors, as 
contained in the preamble to the Chester act, I prove too much ; that the grievance from a want of 
representation stated in that preamble, goes to the whole of legislation as well as to taxation. And 
that the colonies grounding themselves upon that doctrine, will apply it to all parts of legislative 
authority. 

"To this objection, with all possibje deference and humility, and wishing as little as any man 
living to impair the smallest particle of our supreme authority, I answer, that the words are the 
■words of parliament, and not mine ; and, that all false and inconclusive inferences, drawn from 
them, are not mine ; for I heartily disclaim any such inference. 1 have chosen the words of an act 
of parliament, which Mr. Grenville, surely a tolerably zealous and very judicious advocate for the 
sovereignty of parliament, formerly moved to have read at your table, in confirmation of his 
tenets. It is true, that lord Chatham considered these preambles as declaring strongly in favour 
of his opinions. He was a no less powerful advocate for the privileges of the Americans. Ought 
I not from hence to presume, that these preambles are as favourable as possible to both, when 
properly understood ; favourable both to the rights of parliament, and to the privilege of the de- 
pendencies of this crown ? But, sir, the object of grievance in my resolution, I have not taken from 
She Chester, but from the Durham act, which confines the hardship of want of representation, to the 
case of subsidies; and which therefore falls in exactly with the case of the colonies. But whether 
the unrepresented counties were dejure, or de facto, bound, the preambles do not accurately dis- 
tinguish ; nor indeed was it necessary ; for whether de jure, or de facto, the legislature thought 
the exercise of the power of taxing, as of right, or as of fact without right, equally a grievance, and 
equally oppressive. 

" I do not know that the colonies have, in any general way, or in any cool hour, gone much 
beyond the demand of immunity in relation to taxes. It is not fair to judge of the temper or op- 
positions of any man, or any set of men, when they are composed and at rest, from their conduct, 
or their expressions, in a state of disturbance and irritation. It is, besides, a very great mistake to 
imagine, that mankind follow up practically any speculative principle, either of government or of 
freedom, as far as it will go in argument and logical illation. We Englishmen stop very short of 
the principles, upon which we support any given part of our constitution ; or even the whole of it 
together. I could easily, if I had not already tired you, give you very striking and convincing in- 
stances of it. This is nothing but what is natural and proper. AH government, indeed every 
human benefit and enjoyment, every virtue, and every prudent act, is founded on compromise 
and barter. We balance inconveniences; we give and take ; we remit some rights, that we may 
enjoy others ; and, we choose rather to be happy citizens, than subtle disputants. As we must 
give away some natural liberty, to enjoy civil advantages; so we must sacrifice some civil liberties, 
for the advantages to be derived, from the communion and fellowship of a great empire. Bat, in 
all fair dealings, the thing bought must bear some proportion to the purchase paid. None will 
barter away the immediate jewel of his soul. Though a great house is apt to make slaves haughty, 
yet it is purchasing a part of the artificial importance of a great empire too dear, to pay for it all 
essential rights, and all the intrinsick dignity of human nature. None of us who would not risk his 
life, rather than fall under a government purely arbitrary. But, although there are some amongst 
us, who think our constitution wants many improvements, to make it a complete system of liberty; 
perhaps none who are of that opinion would think it right, to aim at such improvement by disturb- 
ing his country, and risking every thing that is dear to him. In every arduous enterprise, we con- 
sider what we are to lose, as well as what we are to gain; and the more and better stake of liberty 
every people possess, the less they will hazard in a vain attempt to make it more. These are 
the cords of man. Man acts from adequate motives relative to his interest ; and not on metaphy- 
sical speculations. Aristotle, the great master of reasoning, cautions us, and with great weight 
and propriety, against this species of delusive geometrical accuracy in moral arguments, as the 
most fallacious of all sophistry. 

" The Americans will have no interest contrary to the grandeur and glory of England, whea 
they are not oppressed by the weight of it ; and they will rather be inclined to respect the acts of 
a superintending legislature ; when they see them the acts of that power, which is itself the secu- 
rity, not the rival, of thVir secondary importance. In this assurance, my mind most perfectly ac- 
quiesces; and I confess, I feel not the least alarm from the discontents which are to arise, from 



m [W5, Mar.l HISTORICAL NOTES, &c. (Burke's Speech) 

putting people at their ease ; nor do I apprehend the destruction of this empire, from giving, by 
an act of free grace and indulgence, to two millions of my fellow citizens, some share of those 
rights, upon which I have always been taught to value myself. 

« It is said indeed, that this power of granting, vested in American assemblies, would dissolve 
the unity of the empire ; which was preserved entire, although Wales, and Chester, and Durham t 
•were added to it. Truly, Mr. Speaker, I do not know what this unity means ; nor has it ever 
been heard of, that I know in the constitutional policy of this country. The very idea of subordi- 
nation of parts, excludes this notion of simple and undivided unity, England is the head ; but she 
is not the head and the members too!— Ireland has ever had from the beginning a separate, but 
not an independent legislature ; which, far from distracting, promoted the union of the whole. 
Every thing was sweetly and harmoniously disposed through both islands, for the conservation of 
English dominion, and the communication of English liberties. I do not see that the same princi- 
ples might not be carried into twenty islands, and with the same good effect. This is my model 
with regard to America, as far as the internal circumstances of the two countries are the same. 
I know no other unity of this empire, than I can draw from its example during these periods, 
when it seemed to my poor understanding more united than it is now, or than it is likely to be by 
the present methods. 

" But since I speak of these methods, I recollect, Mr. Speaker, almost too late, that I promised, 
before I finished, to say something of the proposition of the noble lord (1) on the floor, which has 
been so lately received, and stands on your journals. I must be deeply concerned, whenever it is 
my misfortune to continue a difference with the majority of this house ; but as the reasons for 
that difference are my apology for thus troubling you, suffer me to state them in a very few words. 
I shall compress them into as small a body as I possibly can, having already debated that matter at 
large, when the question was before the committee. 

" First, then, I cannot admit that proposition of a ransom by auction ; because it is a mere pro- 
ject. It is a thing new ; unheard of; supported by no experience ; justified by no analogy ; with- 
out example of our ancestors, or root in the constitution. It is neither regular parliamentary 
taxation, nor colony grant. Experimentum in corpore vili, is a good rule, which will ever make 
me adverse to any trial of experiments, on what is certainly the most valuable of all subjects ; the 
peaee of this empire. 

" Secondly, it is an experiment which must be fatal, in the end, to our constitution. For what 
is it but a scheme for taxing the' colonies, in the antichamber of the noble lord and his successors ? 
To settle the quotas and proportions in this house, is clearly impossible. You, sir, may flatter 
yourself, you shall sit a state auctioneer, with your hammer in your hand, and knock down to each 
-colony as it bids. But to settle (on the plan laid down by the noble lord) the true proportional 
payment for four or five and twenty governments, according to the absolute aud the relative 
•wealth of each, and according to the British proportion of wealth and burden, is a wild and chi- 
merital notion. This new taxation must therefore, come in by the back door of the constitution. 
Each quota must be brought to this house ready formed ; you can neither add nor alter. You 
must register it. You can do nothing further. For on what grounds can you deliberate, either 
before or after the proposition ? You cannot hear the counsel for all these provinces, quarrelling 
each on its own quantity of payment, and its proportion to others. If you should attempt it, the 
committee of provincial ways and means, or by whatever other name it will delight to be called^ 
must swallow up all the time of parliament. 

" Thirdly, it does not give satisfaction to the complaint of the colonies. They complain that 
they are taxed without their consent; you answer, that you will fix the sum at which they shall 
be taxed — That is, you give them the very grievance for the remedy. You tell them indeed, 
that you will leave the mode to themselves. I really beg pardon — It gives me pain to mention it i 
but you must be sensible, that you will not perform this part of the compact. For, suppose the 
colonies were to lay the duties which furnished their contingent, upon the importation of your 
manufactures ; you know you would never suffer such a tax to be laid. You know too, that you. 
vould not suffer many other modes of taxation : so that, when you come to explain yourself it 
will be found, that you will neither leave to themselves the quantum nor the mode ; nor indeed 
any thing. The whole is delusion from one end to the other. 

*' Fourthly, this method of ransom by auction, unless it be universally accepted, will plunge 
you into great and inextricable difficulties. In what year of our Lord are the proportions of pay- 

• 
(1) Lord North, 



: 



[1775, Ma*.] HISTORICAL NOTES, &g. (Burke's Speech.} 187 

meats to be settled t To say nothing of the impossibility, that colony agents, should have general 
powers of taxing the colonies at their discretion; consider, I implore you, that the communication 
by special messages, and orders between these agents and their constituents on each variation of 
the case, when the parties come to contend together, and to dispute on their relative proportions, 
will be a matter of delay, perplexity, and confusion, that never can have an end. 

" If all the colonies do not appear at the outcry, what is the condition of those assemblies who 
offer, by themselves or their agents, to tax themselves up to your ideas of their proportion ? The 
refractory colonies who refuse all composition, will remain taxed only to your old impositions., 
which, however grievous in principle, are trifling as to production. The obedient colonies in this 
scheme are heavily taxed ; the refractory remain unburdened. What will you do? Will you lay- 
new and heavier taxes by parliament, on the disobedient ? Pray consider in what way you can do 
it. You are perfectly conviuced, that in the way of taxing, you can do nothing but at the ports. 
Now suppose it is Virginia that refuses to appear at your auction, while Maryland and JK'orth 
Carolina bid handsomely for their ransom, and are taxed to your quota. How will you put these 
colonies on a par? Will you tax the tobacco of Virgt?iia? If you do, you give its death wound to 
your English revenue at home, and to one of the very greatest articles of your own foreign trade, 
ff you tax the import of that rebellious colony, what do you tax but your own manufactures, or 
the goods of some other obedient, and already well taxed colony I Who has said one word on this 
labyrinth of detail, which bewilders you more and more as you enter into it ? Who has presented, 
who can present you with, a clue to lead you out of it ? I think, sir, it is impossible, that you 
should not recollect, that the colony bounds are so implicated in one another (you know it by your 
other experiments, in the bill for prohibiting the New England fishery) that you can lay no possi- 
ble restraints on almost any of them which may not be presently eluded, if you do not confound 
the innocent with the guilty, and burden those, whom upon every principle you ought to exone» 
pate. He must be grossly ignorant of America, who thinks that, without falling into this confu- 
sion of all rules of equity and policy, you can restrain any single colony, especially Virginia and 
JUaryland, the central, and most important of them all. 

"Let it also be considered — that, either, in the present confusion, you settle a permanent contin- 
gent which will and must be trifling; and then you have no effectual revenue — or, you change the 
quota at every exigency ; and then, on every new repartition you will have a new quarrel. 

« Reflect, besides, that when you have fixed a quota for every colony, you have not provided 
for prompt and punctual payment. Suppose one, two, five, ten years arrears. You cannot issue 
a treasury extent against the failing colony. You must make new Boston port bills, new restrain- 
ing laws, new acts for dragging men to England for trial. You must send out new fleets, new 
armies. All is to begin again. From this day forward, the empire is never to know an hour's 
tranquillity. An intestine tire will be kept alive in the bowels of the colonies, which one time or 
other, must consume this whole empire. I allow, indeed, that the empire of Germany raises her 
revenue and her troops by quotas and contingents ; but the reveuue of the empire, and the army 
of the empire, is the worst revenue, and the worst army, in the world. 

" Instead of a standing revenue, you will therefore have a perpetual quarrel. Indeed, the noble 
lord who proposed this project of a ransom by auction, seemed himself to be of that opinion. 
His project was rather designed for breaking the union of the colonies, than for establishing a re- 
venue. He confessed, he apprehended tiiat his proposal would not be to their taste. I say this 
scheme of disunion, seems to be at the bottom of the project; for I wil] not suspect that the noble 
lord meant nothing, but merely to delude the natioti by an airy phantom, which he never intended 
to realize. But whatever his views may be ; as I propose the peace and union of the colonies as 
the very foundation of my plan, it cannot accord with one whose foundation is perpetual discord. 

"Compare the two. This I offer to give you is plain and simple. The other full of perplexed 
and intricate mazes. Tins is mild ; that harsh. This is found by experience effectual for its pur- 
poses ; the other is a new project This is universal ; the other calculated for certain colonies only. 
This is immediate in its conciliatory operation ; the other remote, contingent, full of hazard. 
Mine is what becomes the dignity of a ruling people ; gratuitous, unconditional, and not held out 
as matter of bargain aud sale. I have done my duty in proposing it to you. I have indeed tired 
you by a long discourse ; but this is the misfortune of those to whose influence nothing will be con- 
ceded, and who must win every inch of their ground by argument. You have hea -d me with 
goodness May you decide with wisdom ! For ray part, I feel my mind greatly disburdened by 
what 1 have done to day — I have been the less fearful of trying your patience, because on this 
subject 1 mean to spare it altogether in future. I have this comfort, that in every stage of the 



188 [1775, Mar.] HISTORICAL NOTES, &c. (Burke's Speech.) 

American affairs, I have steadily opposed the measures that have produced the confusion, and may 
bring on the destruction of this empire. I now go so far as to risk a proposal of my own. If I 
cannot give peace to my country, I give it to my conscience. 

" But what, says the financier, is peace to us without money ? Your plan gives us no revenue. 
No ! But it does. For it secures to the subject the power of refusal ; the first of all revenues. 
Experience is a cheat, and fact a liar, if this power in the subject of proportioning his grant, or of 
not granting at all, has not been found the richest mine of revenue, ever discovered by the skill or 
by the fortune of man. It does not indeed vote you 152,750?. : 11 : 2 3-4ths, nor any other paltry 
limited sum. But it gives the strong box itself: the fund, the bank, from whence only revenues 
can arise, amongst a people sensible of freedom : Posita luditur area. Cannot you in England; 
cannot you at this time of day ; cannot you, a house of commons, trust to the principle which has 
raised so mighty a revenue, and accumulated a debt of near 140 millions in this country ? Is this 
principle to be true in England, and false every where else ? Is it not.true in Ireland,' Has it not 
hitherto been true in the colonies ? Why should you presume, that in any country, a body duly 
constituted for any functions, will neglect to perform its duty, and abdicate its trust ? Such a pre- 
sumption would go against all government in all modes. But, in truth, this dread of penury of 
supply from a free assembly, has no foundation in nature. For first observe, that, besides the 
desire which all men have naturally, of supporting the honour of their own government ; that sense 
of dignity, and that security to property, which ever attends freedom, has a tendency to increase 
the stock of the free community. Most may be taken where most is accumulated. And what is 
the soil or climate where experience has not uniformly proved, that the voluntary flow of heaped 
up plenty, bursting from the weight of its own rich luxuriance, has ever run with a more copious 
stream of revenue, than could be squeezed from the dry husks of oppressed indigence, by the 
straining of all the politick machinery in the world. 

" Next we know, that parties must ever exist in a free country. We know too, that the emu- 
lations of such parties, their contradictions, their reciprocal necessities, their hopes, and theii' 
fears, must send them all in their turns to him, that holds the balance of the state. The parties 
are the gamesters ; but government keeps the table, and is sure to be the winner in the end. 
When this game is played, I really think it is more to be feared, that the people will be exhausted, f 
than that government will not be supplied. Whereas, whatever is got by acts of absolute power 
ill obeyed, because odious ; or by contracts ill kept, because constrained ; will be narrow, feeble,, 
uncertain, and precarious. "Ease -would retract vows made in pain, as violent and void." 

" I, for one, protest against compounding our demands. I declare against compounding, for a 
poor limited sum, the immense, ever growing, eternal debt, which is due to generous government 
from protected freedom. And so may I speed in the great object I propose to you, as I think it 
would not only be an act of injustice, but would be the worst economy in the world, to compel 
the colonies to a sum certain, either in the way of ransom, or in the way of compulsory compact . 

" But to clear up my ideas on this subject. A revenue from America transmitted hither — 
do not delude yourselves — you never can receive it — no, not a shilling. We have experience, that 
from remote countries it is not to be expected. If, when you attempted to extract revenue from 
Bengal, you were obliged to return in loan what you had taken in imposition ; what can you ex- 
pect from North America ? for certainly, if ever there was a country qualified to produce wealth, 
it is India ; or an institution fit for the transmission, it is the East India company. America has 
none of these aptitudes. If America gives you taxable objects, on which you lay your duties here; 
and gives you, at the same time, a surplus by a foreign sale of her commodities, to pay the du- 
ties on these objects which you tax at home ; she has performed her part to the British revenue. 
But with regard to her own internal establishments, she may, I doubt not she will, contribute «i " 
moderation. I say in moderation ; for she ought not to be permitted to exhaust herself. She 
ought to be reserved to a war ; the weight of which, with the enemies that we are most likely 
to have, must be considerable in her quarter of the globe. There she may serve you and serve 
you essentially. 

" For that service, for all service, whether of revenue, trade, or empire ; my trust is in her in- 
terest in the British constitution. My hold of the colonies is, in the close affection which grows 
from common names, from kindred blood, from similar privileges, and equal protection. These 
are ties which, though light as air, are strong as links of iron. Let the colonies always keep the 
idea of their civil rights, associated with your government; they will cling and grapple to you ; and 
no force under heaven will be of power, to tear them from their allegiance. But let it be once 
understood, that your government may be one thjng, and their privileges another; that these two 



i firrs, Mar.] HISTORICAL NOTES, &c. (Burke's Speeoii.) 189 

| things may exist without any mutual relation ; the cement is gone ; the cohesion is loosened ; and 
every thing hastens to decay and dissolution. As long as you have the wisdom to keep the sover- 
j eign authority of this country, as the sanctuary of liberty, the sacred temple consecrated to our 
i common faith ; wherever the chosen race and sons of England worship freedom, they will turn, 
their faces towards you. The more they multiply, the more friends you will have. The more 
- ardently they love liberty, the more perfect will be their obedience. Slavery they can have any 
j| where. It is a we^d that grows in every soil. They may have it from Spain, they may have it 
from Prussia. But until you become lost to all feeling of your true interest and your natural digni* 
j ty, freedom they can have from none but you. This is the commodity of price, of which you 
I have the monopoly. This is the true act of navigation, which binds to you the commerce of the 
j colonies, and through them secures to you the wealth of the world. Deny them this participation 
' of freedom, and you break that sole bond, which originally made and must still preserve, the 
I Unity of the empire. Do not entertain so weak an imagination, as that your registers and your 
j bonds, your affidavits and your sufferances, your cockets and your clearances, are what form the 
I great securities of your commerce. Do not dream that your letters of office, and your instruc- 
! tions, and your suspending clauses, are the things that hold together the great contexture of this 
| mysterious whole. These things do not make your government. Dead instruments, passive tools 
as they are, it is the spirit of the English communion that gives all their life and efficacy to them, 
J It is the spirit of the English constitution, which, infused through the mighty mass, pervades, 
li feeds, unites, invigorates, vivifies, every part of the empire, even down to the minutest member. 
" Is it not the same virtue which does every thing for us here in England ? Do you imagine 
I then, that it is the land tax act which raises your revenue ? that it is the annual vote in the com- 
mittee of supply, which gives you your army ? or that it is the mutiny bill, which inspires it with 
bravery and discipline ? No ! surely no! It is the love of the people ; it is their attachment to 
their government, from the sense of the deep stake they have in such a glorious institution, which 
gives you your army and your navy, and infuses into both that liberal obedience, without which 
your army would be a base rabble, and your navy nothing but rotten timber. 

"All this, I know well enough, will sound wild and chimerical, to the profane herd of those 
■vulgar and mechanical politicians, who have no place among us ; a sort of people who think, that 
nothing exists but what is gross and material ; and who therefore, far from being qualified to be 
directors of the great movement of empire, are not fit to turn a wheel in the machine. But 
to men truly initiated and rightly taught, these ruling and master principles, which, in the opin- 
ion of such men as I have mentioned, have no substantial . existence, are in truth every thing, and 
all in all. Magnanimity in politicks is not seldom the truest wisdom ; and a great empire and 
little minds, go ill together. If we are conscious of our situation, and glow with zeal to fill our 
place as becomes our station and ourselves, we ought to auspicate all our publick proceedings on 
America, with the old warning of the church, Surswn corda ! We ought to elevate our minds 
to the greatness of that trust, to which the order of Providence has called us. By adverting to the 
| dignity of this high ealling, our ancestors have turned a savage wilderness into a glorious empire; 
i and have made the most extensive, and the only honourable conquests; not by destroying, but by 
! promoting, the wealth, the number, the happiness of the human race. Let us get an American 
| revenue, as we have got an American empire. English privileges have made it all that it is ; En» 
j glish privileges alone will make it all it can be. 

** In full confidence of this unalterable truth, I now (quodfetix fatutumqite sit) — lay the first 
I stone of the temple of peace ; and I move you, 

" « That the colonies and plantations of Great Britain in North America, consisting of fourteen 
| separate governments, and containing two millions and upwards of free inhabitants, have not had 
! the liberty and privilege of electing and sending any knights and burgesses, or others, to represent 
| them in the high court of parliament.'" 

! This was the first of his fundamental propositions : as before mentioned in the note, p. 163, the 
i *f previous question" was taken upon it and carried ; and thus terminated Mr. Burke's plan of 
reconciliation, Mar. 22. the day it was introduced by the foregoing speech. 

s • , 

It will be remembered, that when this motion was made [Mar. 22, p. 162.] The first re- 
straining bill, introduced by lord North, (Feb. 10.) levelled at the New England states in particn- 
lar, had come back from the house of lords, with some amendments ; and the second restraining 
bill, including other colonies, introduced Mar. 9. was stUl under consideration, before the house 
of commons-. 

24 



¥90 [1775, April.] HISTORICAL NOTES, &c. 

In this state of the bills, and after Mr. Burke's motion, several petitions " were received from 
manufacturing towns in Britain and Ireland, against the coercive acts. Some counter petitions 
were also received, calling for an enforcement of the laws of Britain, as the only means of preserv- 
ing a trade with the colonies. Much altercation arose on the truth of the facts alledged on both 
sides, as well as on the manner of obtaining the signatures, and the quality of those who signed. 
The minority insisted, that the most who signed the war-petitions, as they called them, were per- 
sons who had little or no interest in the Ameriean trade, but of that description of warm and 
active party men, commonly called tories. And they entered into several examinations, to prove 
the truth of the former part of their assertion. This produced many long and hot debates. Other 
petitions were presented to the crown, and equally disregarded ; one from the British settlers in 
Canada, against the Quebec bill; one from the quakers, in which, besides endeavouring to diffuse 
the influence of that spirit of peace which is the predominant principle in their religious system, 
they declared themselves persuaded, that there are not in his majesty's extensive dominions, 
subjects more loyal, and more zealously attached to his royal person, his family and government, 
than in the provinces of America, among all religious denominations. His majesty, however, went 
m person to the house, and gave the royal assent to the restraining and fishery bill, in the usual 
form. (1) 

\Ap. 10'.] In this season of publick discontent, when the minds "of all were agitated on one 
side or other, the city of London, not discouraged by the fate of all its applications for a num- 
ber of years past, once more approached the throne with an address, remonstrance and peti- 
tion, upon a subject,' and in a manner as little calculated to obtain a favourable reception, as any 
of the preceding. In this remonstrance they recapitulated the whole catalogue of American 
grievances ; declared their abhorrence of the measures which had been pursued, and were then 
pursuing ; and justified the resistance to which the Americans had been driven, upon the great 
principles of the constitution; 'actuated by which,' they said, «at the glorious period of the rev- 
olution, our ancestors transferred the imperial crown of these realms to the illustrious house of 
Brunswick.' They beseeched his majesty, immediately and forever to dismiss from his councils, 
those ministers and advisers who had been at the bottom of the preceding measures. His majesty 
delivered the following answer : « It is with the utmost astonishment, that I find any of my sub- 
jects capable of encouraging the rebellious disposition which unhappily exists in my colonies in 
North America. Having entire confidence in the wisdom of my parliament, the great council of 
the nation, I will steadily pursue those measures which they have recommended, for the support 
of the constitutional rights of Great Britain, and the protection of the commercial rights of my 
kjngdom.' " Gord. 

£Ap. 27. ~\ " Mr. David Hartley, (2) not discouraged by the negative which had been given to 

(1) Mar. 30. by mistake it is statedin the note p. 158 as Mar. 13. The second restraining act, 
was passed Ap. i 3, and not Mar. as stated in the note p. 161, 

(2) That gentleman, held a conspicuous " rank in parliament ; lived in the closest intimacy 
•with the most eminent British statesmen of the time ; concluded, as the minister plenipotentiary 
of Great Britain, the definitive treaty of 1783, with the United States ,• and though a zealous 
friend of justice and the injured colonies, established, with all parties at home, the character of 
a devoted patriot. The following is part of his speech on this motion. 

" I would wish to state to the house, the merits of this question of requisitions to the colonies, 
and to see upon what principles it is founded; to revise the accounts between Great Britain and 
them. We hear of nothing now but the protection we have given to them; of the immense ex- 
pense incurred on their account. We are, told that they have done nothing for themselves ,• that 
they pay no taxes ; in short, every thing is asserted about America to serve the present turn, 
without the least regard to truth. I woidd have these matters fairly sifted out. 

« To begin with the late war, — q/* '56. The Americans turned the success of the war at both 
ends of the line. General Monckton took Beausejour in Nova Scotia, with fifteen hundred pro- 
vincial troops, and about two hundred regulars. Sir William Johnson, in the other part of 
America, changed the face of the war to success, with a provincial army, which took Baron 
Dieskau prisoner. But, Sir, the glories of the war under the united Biitish and American 
arms, are recent in every one's memory. Suffice it to decide this question ; that the Americans 
tore, even in our judgment, more than their full proportion; that this House did annually vote 
them an acknowledgment of their Zealand strenuous efforts, and compensation for the excess of 
their zeal and expenses, above their due proportion. They kept, one year with another, twenty- 
five thousand men on foot, and lost in the war theflo-wer of their youth. How strange it must 
appear to them, to hear of nothing down to the year 17G3, but encomiums upon their active zeal 
and strenuous efforts ; and then, no longer after than the year 1764, in such a trice of time, to 
.gee the tide turn, and from that hour to this, to hear it asserted that they were a burden upon 
the common cause; asserted even in that same parliament, which had voted them compensations 
for the liberality and excess of their service. 



[1775, April.] HISTORICAL NOTES, &c. 191 

Mr. Burke's scheme, came forward with another for the same purpose. This proposed, that a 
letter of requisition should be sent to the colonies, by a secretary of state, on a motion from the 
house for a contribution to the expenses of the whole empire. He meant to leave to the provin- 
cial assemblies, the right to judge of the expedience of the grant, its amount and application. In 
confidence that the colonies would give freely, when called on in this constitutional way, he moved 
to suspend the acts complained of by the Americans. This was also rejected, brother plan, 
which shall be more particularly explained, was digested in private by Dr. Franklin on the part ot 
the Americans, and Dr. Fothergill and David Barclay on behalf of the British ministry. There 
appeared a disposition, to concede something considerable on both sides ; but the whole came to 
nothing, in consequence of an inflexible determination to refuse a repeal of the act of parliament 
for altering the chartered government of Massachusetts. Dr Franklin agreed, that the tea de- 
stroyed should be paid for — the British ministers, that the Boston port act should be repealed ; 
but the latter contended, ' that the late Massachusetts acts, being real amendments of their con- 
stitution, must for that reason be continued, as well as to be a standing example, of the power of 
parliament.' On the other hand, it was declared by Dr. Franklin, 'that while the parliament 
claimed and exercised, a power of internal legislation for the colonies, and of altering American 
constitutions at pleasure, there could be no agreement ; as that would render the Americans 
unsafe in every privilege they enjoyed, and would leave them nothing in which they could be 
secure. 

"This obstinate adherence to support parliament, in a power of altering the laws and charters 
of the provinces ; particularly, to enforce their late laws for new modelling the chartered constitu- 
tion of Massachusetts, was the fatal rock, by dashing on which, the empire broke in twain ; for 

** Nor did they stint their services to North America. They followed the British arms out of 
their continent to the Havana, and Martinique, after the complete conquest of America. And so 
they had done in the preceding -war. They -were not grudging of their exertions — they -mere at 
the siege of Carthagena : — yet, what was Carthagena to them, but as members of the common 
cause, friends of the glory of this country? In that war too, Sir, they took Louisbourg from the 
French, single handed, without any European assista?ice ,- as mettled an enterprise as any in our 
history.' an everlasting memorial to the zeal, courage, and perseverance of the troops of New 
England. The men themselves dragged the camion over morasses, which had always been 
thought impassable, where neither horses nor oxen could go, and they carried the shot upon 
their backs. And what was their reward for this forward and spirited enterprise ; for the re- 
duction of this American Dunkirk ? Their reward, Sir, you know very well— it was given up 
for a barrier to the Dutch. The only conquest in that war, which you had to give up, and which 
would have been an effectual barrier to them against the French power in America ; though 
gained by themselves, it was surrendered for a foreign barrier. Asa substitute for this, you settled 
Halifax for a place d'armes, leaving the limits of the province of Nova Scotia as a matter of 
I contest with the French, which could not fail to prove, as it did, the cause of another war. Had 
I you kept Louisbourg, instead of settling Halifax, the Americans could say, at least, that there 
i would not have been that pretext for imputing the late war to their account. It has been their 
forwardness in your cause, that made them the objects of the French resentment. In the war of 
1744, af your requisition, they were the aggressors on the French in America. We know the 
orders given to Mons. D'Anville, to destroy and lay all their sea port towns hi ashes, and we 



know the cause of that resentment ; it was to revenge their conquest of Louisbourg. 

" Whenever Great Britain has declared war, they have taken their part. They were engaged 
in king WiUiuitfswars, and Queen Anne's, even in their infancy. They conquered Acadia in 
the last century, for us, and we then gave it tip. Again, in Queeti Anne's war, they conquered 
Nova Scotia, which, from that time, has always belonged to Great Britain. They have been 
engaged in more than one expedition to Canada, ever formost to partake of honour and danger 
with the mother country. 

« Well, Sir, what have we done for them? Have we co??.quered the country for them from the 
Indians ? Have we cleared it ? Have we drained it ? Have we made it habitable ? What have 
we done for them? I believe, precisely nothing at all, but just keeping watch and ward over their 
trade, that they should receive nothing but from ourselves, at our own price. I will not posi^ 
lively say that we have spent nothing ,- though I don't recollect any such article upon our jour- 
nals : but I mean any material expense in setting them out as colonists. The royal military 
government of Nova Scotia cost, indeed, not a little sum; above 500,000^ for its plantation, and 
its first years. Had your other colonies cost any thing similar either in their outset or support, 
there would have been something to say on that side .• but, instead of that, they have been left to 
themselves for one hundred or one hundred and fifty years, upon the fortune and cnjntal of 
private adventurers, to encounter every difficulty and danger. JJ'Tiat towns have we built fir 
them? What desart have we cleared? What country have we conquered for them from the 
Indians? Name the officers — name the troops — the expeditions — their dates-' Where' are they 
to be found? Not in the journals of this kingdom. T/iey are no where to be found- 

" In all the wars which have been common to us and them, they have taken their full share. 
Jfut in all their own dangers, in the difficulties belonging separately to their situation, in all the 



19* [1775, April.] HISTORICAL NOTES, &c. 

every other point in dispute between the two countries, seemed in a fair way for an amicable 
compromise." (1) Sam. 

It has before been hinted, that the asstmbly of New York, refused to sanction or approve the 
measures of congress. "They disclaimed," says Mr. Gordon "all concern with the late continental 
congress, declined choosing delegates for the proposed New one, and in their own single capacity 
sent a petition to the king, a memorial to the lords, and a remonstrance to the house of commons. 
In the remonstrance, they represented the grievances under which they laboured, by the innova- 
tions that had been made in the constitutional mode of government since the close of the last war. 
They renounced the most distant desire of independence ; acknowledged the supreme government 
of the British parliament over the whole empire, and their authority to regulate the trade of the col- 
onies: remonstrated in the behalf of their brethren in the Massachusetts, for whose distresses they 
could not help feeling ; but at the same time expressed their disapprobation of the violent mea- 
sures pursued in some of the colonies. They claimed a restoration of those rights which they 
enjoyed before the close of the war; but without entertaining an idea of diminishing the power of 
the mother country, or lessening the dignity of parliament." 

The probability of this rejection by that body, was communicated to ministers, after the meeting 
of parliament in January, and excited strong hopes, that this important colony would secede from 
the union ; and was one main grounds upon which ministers abandoned their first thoughts of ac- 
commodation, which evidently prevailed after the proceedings of congress arrived in December^ 
and until the meeting of parliament after the Christmas recess, Jan. 20. at which time, they had 
received information that the New York legislature, would not sanction what had been done in 
congress. 

(1) The particular account of this negotiation, is inserted hereafter. 



Indian -wars -which did not immediately concern us, we left them to themselves to struggle their 
■way through. For the ■whim of a minister, you can bestow half a million to build a town, and. 
to plant a royal colony of Nova Scotia ; a greater sum than you have bestowed tipon every other 
colony together. 

"And notwithstanding all these, winch are the real j nets, now that they have struggled through 
their difficulties, and begin to holdup their heads, and to show that empire -which promises to be 
the foremost in the -world; -tue claim them, and theirs, as implicitly belonging to us, -without any 
consideration of their own rights. We charge them with ingratitude, -without the least regard 
to truth, just as if this kingdom had, for a century and a half, attended to no other object; as if 
all our revenue, all our power, all our thought had been bestowed upon them, and all our national 
debt had been contracted in tlie Indian -wars of America; totally forgetting the subordination in 
commerce and manufactures, in which -we have bound them, and for which, at least we owe them 
help towards their protection. 

" Look at the preamble of the act of navigation, and every American act, and see if the interest 
of this country is not the avowed object. If they make a hat or a piece of steel, an act ofparlia- 
ment calls it a nuisance; a tilting hammer, a steel furnace, must be abated in America as a 
nuisance. Sir, I speak from facts. I callyour books of statutes and journals to witness. With 
the least recollection, every one must acknowledge the truth of these facts. 

" But it is said, the peace establishment of JVortk America has been,'a?id is, very expensive te 
this country. Sir, jor what it has been, let us take the peace establishment before 1739, and 
after 1748. All that I can find in your journals is, four companies kept up at New York, and 
three companies in Carolina. As to the four companies at New York, this country should know 
iest why they put themselves to that expense, or wliether really they were at any expense at all; 
for these were companies of fictitious men. Unless the money was repaid into the treasury, it was 
applied to some other purpose ; these companies were not a quarter full. Intlie year l75i,iwo 
efthem were sent up to Albany, to attend commissioners to treat with the six nations, to impress 
them with a high idea of our military power ; to display all tlie pomp and circumstance of war 
before them, in hopes to scare them ; when in truth, we made a very ridicidous figure. The 
whole complement of two companies did not exceed thirty tattered, tottering invalids, fitter to 
scare the crows. This information I have had from eye witnesses. 

"It has not fallen in my way to hear any account of the three Carolina companies ; These are 
trifles. The substantial question is, — JVhat material expense have you been at in the periods 
alluded to, for the peace establishment of North America ? Ransack your journals, search your 
publick offices for army or ordnance expenses. Make out your bill, and let us see what it is. 
No one yet knows it. Had there been any such, I believe the administration would have produ- 
ced it before now, with aggravation. 

" But is not the peace establishment of North America now very high, and very expensive ? I 
would answer that by another question: Why shoidd the peace establishment since the late war, 
and tlie total expulsion of the French interest, be higher than it was before the late war, and 
when the French possessed above half the American continent? If it be so, there must be some 
singular reason. 

"I cannot suppose that you mean under the general term of North America, to saddle all the 
expenses jof Canada, Nova Scotia, Cape Breton, Newfoundland, Florida, and the West Indie?. 



[1775, May.] HISTORICAL NOTES, &c. J9S 

"Much had been expected from her moderation, and great stress had been laid on the circum- 
stance, that congress was not a legal assembly ; and the want of constitutional sanction had been 
assigned, as a reason for the neglect with which their petition had been treated. Much praise had 
been lavished on the colony of New-York, and occasion had been taken, from their refusing to 
approve the proceedings of the congress, to represent the resolutions and claims of that body, to be 
more the ebullitions of incendiaries, than the sober sentiments of the temperate citizens." Mam. 

That assembly however, although they declined at first, to go the whole length with congress, 
had afterwards, as before mentioned by Mr. Gordon, framed and agreed to a remonstrance to 
the house of commons, in which they stated " that an exemption from internal taxation, and the 
exclusive right of providing for their own civil government, and the administration of justice in the 
colony, were esteemed by them as their undoubted and unalienable rights." Ibid. 

This intelligence was both unexpected and confounding to ministry ; but they had now gone too 
far, to allow such a circumstance to change their resolution, for, 

[May 153 Towards the close of the session, and after the restraining bills had both passed, Mr. 
Burke, entertaining strong hopes that the minister, finding all dependence on New-York gone, 
might relax in his tone and yet suspend those fatal measures, or at least parliament be induced 
to interfere, acquainted the house " with his having received a paper of great importance from the 
general assembly at New-York. He observed that it was a complaint, in the form of a remonstrance, 
against several acts of parliament, some of which they affirmed had established principles, and 
others had made regulations, subversive of the rights of English subjects. He afterward moved 
that it might be brought up, 

Upon which lord North immediately moved this amendment to the motion, "in which remon- 
strance the assembly claim to themselves rights derogatory to, and inconsistent with the legislative 
authority of parliament, as declared by the declaratory act." The question, so amended, being put, 

upon the old colonies of North America. You cannot mean to keep the sovereignty, the property, 
tlie possession (these are the terms of the cession in the treaty of 1763) to yourselves, and lay the 
expense of the military establishment, which you think proper to keep up, upon the old colonies. _ 
" Sir, the colonies never thought of interfering in the prerogative of war or peace; but if this 
nation can be so unjust as to meditate the saddling the expense of your new conquests separately 
upon them, they ought to have had a voice in settling the terms of peace. It is you, on this side 
of the water, who have first brought out the idea of separate interests, by planning separate and 
distinct charges. It was their men and their money, wldch had conquered North America and the 
West Indies, as well as yours, though you seized all the spoils ,- but they never thought of dicta- 
ting to you, what you should keep, or -wluat you should give up, little dreaming that you reserved 
the expense of your military governments for them. Who gave up the Havanna ? IVJio gave up 
Martinique? Who gave up Guadaloupe, with Marigalante ? Who gave up Santa Lucia? Who 
gave up the Newjoundland fishery? Who gave up all these without their consent, without their 
participation, without their consultation, and,after all, without equivalents? Sir, if your colonies 
had but been permitted to have gathered up the crumbs which have fallen from your table, they 
would gladly have supported the whole military establishment of North America. 

« Your colonies have now showri you the value of lands in North America ; and therefore you 
have vested in the crown the sovereignty, property, and possession of infinite tracts of land, per- 
haps as extensive as. all Europe, which the crown may dispose of at its own price, as the land 
rises in America, and grants become invaluable; and to enable the crown to support an arbitra- 
ry, military government, till these lands rise to their future immense value, you are casting about 
to saddle the expense, either upon the American or the British supplies. 

11 This country is very liberal i?i its boasting, of its protection andparental kindness to America. 
It is for that purpose, that we have converted the province of Canada into an absolute and military 
government, and have established there the Romish church, so obnoxious to our ancient, and 
Protestant colonics. What security, what protection do they derive ? In what sort are they the 
better for the conquest of the French dominions, if we take that opportunity to establish a govern- 
ment, civil, military, and ecclesiastical, in the utmost degree hostile to the government of our own 
provinces, and with the intent to set a thorn in their sides ? Is this affection and parental kind- 
ness? Surely, you do not expect that they should be taxed and talliaged to pay for this rod of 
iron, which you are preparing for them f 

« Now, Sir, I come to a point, in which I tldnk you may be said to have given some protec- 
tion, I mean the protection of your fleet, to the American commerce. And even here I am at a 
loss by what terms to call it; w/ietheryou are protecting yourselves or them. Theirs are your 
cargoes, your manufactures, your commerce, your navigation. Every ship from America is 
bound to Britain. None enter an American port but British ships and men. While you are 
defending the American commerce, you are defending Leeds and Halifax, Sheffield and Bir- 
mingham, Manchester and Hull, Bristol and Liverpool, London, Dublin, Glasgow. However, 
os our fleet does protect whatever commerce belongs to them, let that be set to the account. It is 
en argument to them as well as to us. As it has been the sole policy of this kingdom, for ages, by 
the operation of every commercial act of parliament, to make the American commerce totally sub- 
servient to our own ro^varience, the least thai we owe to therr in return is protection" Walsh. 



# 



194 [1775, May.] HISTORICAL NOTES, &c. 

Mr. Burke's motion passed in the negative,^ 86 to G7.) The fate of this representation, exthfu. 
guished the hopes of those moderate persons, both in the parent state and the colonies, who flatter- 
ed themselves, that the disputes subsisting between the two countriea might be accommodated, by 
the mediation of the constitutional assemblies. Two conclusions were drawn from this transaction, 
both of which were unfriendly to a reconciliation. The decided language with which the loyal as- 
sembly of New-York, claimed exemption from parliamentary taxation, proved to the people of 
Great-Britain that the colonists, however they might differ in modes of opposition, or in degrees of 
warmth, were, nevertheless, united in that fundamental principle. The rejection of their repre- 
sentation proved, that nothing more was to be expected from proceeding in the constitutional chan* 
nel of the legal assemblies, than from the new system of a continental congress. Solid revenue and 
Unlimited supremacy were the objects of Great-Britain, and exemption from parliamentary tax- 
ation that of the most moderate of the colonies. So wide were the claims of the two countries 
from each other, that to reconcile them on any middle ground seemed to be impossible." Ram. 

This treatment which the Neiu-York remonstrance received in the house of commons, tend- 
ed very much to decide the course of that colony afterwards, in favour of the general opposition 
in America ; and the recommendations of congress finally prevailed there. The haughty rejec- 
tion of their petition to the king, their memorial to the lords, and this remonstrance to the house 
of commons, convinced even those.who had cherished the hope of producing accommodation, by 
milder measures than had been adopted by their sister colonies, that there was no medium^ 
between resistance and absolute submission. 

[May 173 " Lord Camden presented a petition to the house of lords, from the British inhabi- 
tants of the province of Quebec, in which they stated their grievances, and implored their lord- 
ships' favourable interposition, that the Quebec act might be repealed or amended, and that chey 
might enjoy their constitutional rights, privileges, and franchises. His lordship, after expatiating 
on the evils of the act, proposed a bill, which was read, for the repeal of the late act. This mea- 
sure was strongly opposed by administration, and a motion was made by lord Dartmouth that the 
bill be rejected, which was carried by a majority of 60 out of 88, there being only twenty eight 
lords who supported the bill. Much censure having been expressed or implied, both within doors 
and without, relative to the whole conduct of the bishops in the Canada transactions, the reverend 
father of that bench stood up during the debate, to justify the Quebec act so far as it related to 
religious matters, which he did upon the principles of toleration, the faith of the capitulation, and 
the terms of the definitive treaty of peace, but many were far from being cpnvinced, that these 
principles required such a full and perfect establishment of the popish religion, as granted by the 
act itself." Gord. 

[May 18] Sir Geo. Saville made another attempt, on a petition of the inhabitants of Quebec, 
to arrest the course of desperation which ministry was pursuing; but this motion was rejected by 
a majority of 174 to 86. In the debate, the minister avowed his intention, if it should become ne- 
cessary, of arming the Canadians against the other colonies. But he declared his firm persuasion, 
that the troubles in America would be speedily and happily settled, without blood-shed. 

In short, all attempts to stay these penal bills against the trade of the colonies, or for conciliation, 
failed ; ministers had fully persuaded themselves, that they would accomplish what the Boston 
port act, and the others which had been passed in the spring of 1774, had not performed ; and if 
not, that the forces which were to accompany them under gen. Sir William Howe, with those aU 
ready in America, would effect it by the bayonet. 

Beside the " restraining acts" &c. prohibiting the " trade and fisheries kc of the colonies ;" and 
voting additional land and sea forces, an act was passed at this session, " to amend and render 
more effectual, in his majesty's dominions in America, " the act for punishing mutiny, &c. and for 
the payment of the army, and their quarters, and extending the provisions thereof to his majesty's 
marine forces in America." (1) 

It enacts, that where barracks provided by the colonies, are not sufficient to contain the officers 
and troops, or where the barracks are not so situated as to answer the purpose, for which the 
troops are stationed ; it shall be lawful to billet the officers and soldiers, for whom there shall not be 
room in the barracks, or the whole where there are no barracks, or not in the proper place, in 
inns, livery stables, ale and victualling houses, and the houses of wine sellers by retail, or of per- 
sons selling rum, brandy, cyder, strong waters, or metheglin, hy retail, &c. 

It provides also, for compelling the inhabitants of villages, to find carriages for marching 
troops, &c. at a fixed price. 

(1) 12 Stats. 238. 15 Geo. 3. c. 15. Mar. 1775. 



\ [1775, May.} HISTORICAL NOTES, &c. 195 

It further enacts, that persons as aforesaid on whom officers and soldiers are billetted, shall 
furnish them with diet, cyder, small beer, or rum and water, at certain prices, Sto. to l>e paid out 
J of their subsistence money, &c. with many other regulations. 

It may be observed, that the mutiny act, is an annual bill, providing for the quarters, discipline, 
| and pay of the army. 

Upon its revival every year, depends the existence of the vast military establishments of the 
| kingdom. A refusal to pass it, would be to disband all the land forces throughout the empire. 
The commons are very tenacious of this ostensible controul over the military ; and nominally 
I exercise it, by the recurrence every year of a necessity on the part of the crown, to apply for the 
Ke-enaction of the mutiny bill, providing for quarters, discipline, and pay. In practice however, 
j it is of course done ; a refusal would dissolve the government : theoretically therefore, there is no 
1 standing army under the British constitution ; but in fact, it is a necessary and perpetual institu- 
I tion. 

The extension of this act to the colonies, in so far as respected quarters, and compelling each 
one in which troops were garrisoned, to supply certain articles of subsistence, was deemed an 
i oppressive tax and grievance : {see pages 28 86.) The foregoing act, (in addition to former 
j regulations,) compelled certain descriptions of persons, to quarter the military in their houses, at 
I a fixed price ; to be paid from the subsistence money of the soldiers : the act was considered as 
! nothing less than, an exertion of the most despotick power, attended with flagrant insult to the 
( feelings of Americans ; and coupled with the other measures of this year, confirmed them in the 
belief, that they were held in utter scorn, as well as doomed to galling slavery. 

In the preceding spring of 1774, when those acts of parliament, (the Boston port act, &c.) pas- 
sed for punishing Massachusetts ; they also were accompanied with a supplement to the mutiny 
act, in respect to quartering soldiers in the colonies ; (see p. 86.) This at the time, was deemed a 
very grievous innovation, on the liberties of the country, and loudly opposed in parliament, as 
well as in America; but it was carried through by ministerial majorities, as necessary to the ex- 
ecution of the other penal measures ; and as establishing a more perfect, and permanent military 
power in the provinces. (1) 

(1) That act passed in June 1774, was not to be compared in point of severity, with the one just 
now recited ; yet it was considered of so dangerous a character, as to call up particular opposition 
from lord Chatham, whose indisposition had prevented him from opposing the passage of the 
port act ; alteration of the charter, &c. 

For the gratification of those who feel a curiosity in whatever fell from the lips of that great 
orator, as well as because it is part of the history of the times ; I shall insert here (though not in its 
proper place,) the account we have of his speech, in opposition to the bill of 1774, for quartering 
soldiers in America. 

LORD CHATHAM'S SPEECH. 

*t ON THE BILL AUTHORIZING THE QUARTERING OF BRITISH SOLDIERS ON THE INHABITANTS 

of boston. May 27. 1774. 

" Conformably to the scheme of rigorous coercion which the administration of Lord North had 
determined to pursue against the refractory colonies, a bill authorizing the quartering of soldiers 
on the inhabitants of Boston, was introduced into the house of lords on the 27th of May, 1774. 

" During the two preceding sessions, lord Chatham had withdrawn from parliament, in utter 
despair of opposing with any prospect of success, the large, resolute, and united majorities of the 
ministry. 

" But this bill being considered by him, as especially calculated to inflame the temper of the 
Americans, already alarmingly excited, and even indeed, to drive them to the violence of open 
revolt; he was induced once more to come forward, and by tbe exertion of his eloquence, to en- 
deavour to frustrate the perilous measure, and thus to stay the current of disasters, which he 
Saw was ready to break upon the empire. 

« The speech was of no avail. Chapman. 

SPEECH, &c. 
"Mi lords, 

•'The unfavourable state of health under which I have long laboured, could not prevent me 
from laying before your lordships, my thoughts on the bill now upon the table, and on the Amer- 
ican affairs in general. 

" If we take a transient view of those motives, which induced the ancestors of our fellow sub- 
jects in America to leave their native country, to encounter the innumerable difficulties of the 
unexplored regions of the western world, our astonishment at the present conduct of their de- 
scendants will naturally subside. There was no corner of the world, into which men of their free 
and enterprising spirit would not fly with alacrity, rather than submit to the slavish and tyrannical 
principles, which prevailed at that period in their native country. And shall we wonder, my 



496 [1775, May.] HISTORICAL' NOTES, &c. 

[ May 26] " The Speaker, when he presented the money bills for the royal asseut, gave aa 
assurance in his speech to his majesty, that if the Americans persisted in their resolutions, and the 
sword must be drawn, the commons would do every thing in their power to maintain and support 
the supremacy of this legislature. 

" The king gave his royal assent to the several bills, both publick and private, which remained 
to be passed into acts; and closed the session by a speech from the throne, in which he expressed 
the most perfect satisfaction in the conduct of the parliament, during the course of their session ; 
and his persuasion, that the most salutary effects must, in the end, result from measures formed 
and conducted on such principles, as those on which they had acted. A favourable representa- 
tion was made of the pacifick disposition of other powers, and the usual assurance given of en- 
deavouring to secure the publick tranquility." Gord. 

Thus were the measures of parliament and the English cabinet, marked with no less of rage 
and unrelenting severity, towards the colonies in the spring of 1775, than in that of 1774. 

Notwithstanding they had seen the utter inefficacy of " penal bills" — intended to impoverish, 
and enslave. a single province, " though backed by an armed power" in the preceding year; yet 
now in this, the supreme folly and wickedness is repeated, of another set of bills, levelled against 
the colonies, to cut off the sources of their subsistence, and the British navy let loose, to execute 
these edicts. 

Beside which, as before, several thousand additional troops were voted to reinforce general 
Gage at Boston, who had passed a very uncomfortable winter, had been defeated at Lexington, 
and was at this time actually hemmed up in that place, by an army of fifteen thousand provincial 
troops. — (1) 

It was still weakly imagined, even after experience of the nullity of these paper schemes, in the 
preceding year, that declarations of " rebellion," and acts against " trade," would disarm Ameri- 

(1) It should be remembered here, that immediately after the passage of the 1st restraining 
hills, Mar. 28. Generals Howe, Clinton and Burgoyne, sailed in the Cerberus frigate, for JBos* 
ton ; and not long after, the transports -with troops from Cork, to reinforse Gen. Gage.. 

lo*ds, if the descendants of such illustrious characters spurn, with contempt, the hand of uncon- 
stitutional power, that would snatch from them such dear bought privileges as they now contend 
for ? Had the British colonies been planted by any other kingdom than our own, the inhabitants 
-would have carried with them the chains of slavery, and spirit of despotism ; but as they are, 
they ought to be remembered as great instances to instruct the world, what great exertions man- 
kind will naturally make, when they are left to the free exercise of their own powers. And my 
lords, notwithstanding my intention to give my hearty negative to the question now before you, I 
cannot help condemning in the severest manner, the late turbulent and unwarrantable conduct of 
die \mericans in some instances, particularly in the late riots of Boston. But, my lords, the 
mode which has been pursued to bring them back to a sense of their duty to their parent state, 
has been so diametrically opposite to the fundamental principles of sound policy, that individuals 
possessed of common understanding, must he astonished at such proceedings. By blocking up the 
harbour of Boston, you have involved the innocent trader in the same punishment, with the guilty 
profligates who destroyed your merchandize ; and instead of making a well concerted effort to se- 
cure the real offenders, you clap a naval and military extinguisher over their harbour, and pun- 
iafa the crime of a few lawless depredators and their abettors, upon the whole body of the in- 
habitants. 

" My lords, this country is little obliged, to the framers and promoters of this tea tax. The 
Americans had almost forgot, in their excess of gratitude for the repeal of the stamp act, any in- 
terest but that of the mother country ; there seemed an emulation among the different provinces, 
■who should be most dutiful and forward, in their expressions of loyalty to their real benefactor; 
as you will readily perceive by the following letter from governor Bernard, to a noble lord then 
in office. 

" The house of represensatives," says he, " from the time of opening the session to this day, 
has shown a disposition to avoid all dispute with me ; every thing having passed with as much 
good humour as 1 could desire. They have acted, in all things, with temper and moderation; 
they have avoided some subjects of dispute, and have laid a foundation for removing some causes 
of former altercation." 

" This, my lords, was the temper of the Americans ; and would have continued so, had it not 
been interrupted, by your fruitless endeavours to tax them without their consent : but the mo- 
ment they perceived your intention was renewed to tax them, under a pretence of serving the 
East India company, their resentment got the ascendant of their moderation, and hurried them 
into actions contrary to law, which, in their cooler hours, they would have thought on with hor- 
rour : for I sincerely believe, the destroying of the tea was the effect of despair. 

" But, my lords, from the complexion of the whole of the proceedings, I think that administra- 
tion has purposely irritated them into those late violent acts, for which they now so severely 
smart; purposely to be revenged on them for the victory they gained, by the repeal of the stamp 



! [1775, May.] HISTORICAL NOTES, &c. 19? 

| ca ; and reduce 3 millions of people, united and resolved, with arms in their hands, and courage to 
I use them, and above all, with justice on their side ;— to abject slavery. 

Never was infatuation more conspicuous, than in not seizing upon the terms offered by congress 

! for conciliation. Such had been the natural progress to independence in America, precipitated 

J almost to consummation, by the conduct of England since 1763 ; that the occasion now presented 

to her to arrest its course, and even with honour, seemed hardly within the compass of possi- 

! bilities. 

: Yet so it was, that after 11 years of persecution, all kinds of indignity and suffering, and under 
! the pressure and excitement, produced by existing acts of coercion ; the -whole people of America, 
; represented in one of the most wise and honourable assemblies which ever sat, proffered to Great 
| Britain, " eternal allegiance, love, and loyalty," on the single condition, of abandoning her con- 
temptible and inefficient revenue acts, and forbearing to interfere in a harsh and unconstitutional 
j manner, in the interior, and domestick governments and concerns of the colonies ! demanding no 
change in the royal government and prerogatives, nor relaxation in the laws of trade, and com- 
j mercial restrictions ; nor questioning the rights of Great Britain to all the advantages of that mono- 
poly, which these restrictions established in America. Doubtless, had the king and parliament re- 
ceived these petitions with respect and kindness ; abolished the offensive, or the most offensive 
Statutes ; and sought for " peace in the spirit of it ;" America would have been subdued ; vanquish- 
ed — by mere acts of justice, considered as favours, and have settled down for some long period, 
in the relation of colonies. 

They stood bound to the conditions now of their own making, reduced to precision, and no 
longer capable of being stretched to undefinable dimensions ; adding to the implied obligations of 



act : a measure to which they seemingly acquiesced, but at the bottom they were its real ene- 
mies. For what other motive could induce them to dress taxation, that father of American sedi- 
tion, in the robes of an East India director, but to break in upon that mutual peace and harmony, 
which then so happily subsisted between them and the mother country. 

" My lords, I am an old ' man, and would advise the noble lords in office, to adopt a more 
gentle mode of governing America; for the day is not far distant, when America may vie withi 
these kingdoms, not only in arms, but in arts also. It is an established fact, that the principal 
towns in America are learned and polite, and understand the constitution of the empire, as well 
as the noble lords who are now in office ; and, consequently, they will have a watchful eye over 
their liberties, to prevent the least encroachment on their hereditary rights. 

" This observation is so recently exemplified in an excellent pamphlet, which comes from thp 
pen of an American gentleman,that I shall take the liberty of reading to your lordships his thoughts, 
on the competency of the British parliament to tax America, which, in my opinion, puts this in- 
teresting matter in the clearest view. 

" ' The high court of parliament,' says he, ' is the supreme legislative power over the whole 
empire ; in all free states the constitution is fixed; and as the supreme legislature derives its power 
and authority fu.om the constitution, it cannot overleap the bounds of it, without destroying its own 
foundation. The constitution ascertains and limits both sovereignty and allegiance ; and therefore 
his majesty's American subjects, who acknowledged themselves bound by the ties of allegiance, 
have an equitable claim to the full enjoyment, of the fundamental rules of the English constitution; 
and that it is an essential, unalterable right in nature, ingrafted into the British constitution as a 
fundamental law, and ever held sacred and irrevocable by the subjects within this realm, that 
what a man has honestly acquired, is absolutely tys own ; which he may freely give, but which 
cannot be taken from him without his consent. 

"This, my lords, though no new doctrine, has always been my received and unalterable opinion, 
and I will carry it to my grave — that this country had no right under Heaven to tax America. 
It is contrary to all the principles of justice and civil policy, which neither the exigencies of the 
state, nor even an acquiescence in the taxes, could justify upon any occasion whatever. Such 
proceedings will never meet their wished for success; and, instead of adding to their miseries, as 
the bill now before you most undoubtedly does, adopt some lenient measures, which may lure 
them to their duty ; proceed like a kind and affectionate parent over a child whom he tenderly 
loves ; and, instead of those harsh and severe proceedings, pass an amnesty on all their youthful 
errours; clasp them once more in your fond and affectionate arms ; and I will ?enture to affirm, 
you will find them children worthy of th^ir sire. But should their turbulence exist, after your 
proffered terms of forgiveness, which 1 hope and expect this house will immediately adopt, I will 
be among the foremost of j our lordships to move for such measures, as will effectually prevent a 
future relapse, and make them feel what it is to provoke a fond and forgiving parent! a parent 
my lords, whose welfare has ever been my greatest and most pleasing consolation. This declara- 
tion may seem unnecessary ; but I will venture to declare, the period is not far distant, when she 
will want the assistance of her most distant friends: but should the all disposing hand of Provi- 
dence prevent me from affording her my p^or assistance, my prayers shall be ever for her wel- 
fare — Length of days be in her right hand, and in her left riches and honour ; may her ways be 
the. ways of pleasantness, and all her path sbepe< i ce f 

25 



198. [1775, May.] HISTORICAL NOTES, &c. 



colonial dependanee and fidelity, the sacred bond9 of a solemn compact, framed and ratified, by 
their immediate representatives, under all the sanctions which full authority, and plighted faith if 
and honour could give. (1) 

The golden occasion, however was lost to England ; and never was the adage more, truly veri- 
fied,—" quos deus vult perdere, priusquam dementat," than in the conduct of her statesmen at 
this moment : 

They preferred scenes of civil war;— I war upon their own subjects, with all the dangers of for* {. 
eign interference ; certain and great calamities, with the possibility of national ruin : — At the very 
time parliament closed its session, (in May of this year,) and when those futile acts, accompanied V 
by the Cork fieet with troops, were on their passage to America ; the battle of Lexington had ;? 
been fought; forts Ticonderoga, and Crowmpoint captured ; gen. Gage blockaded by a provincial 
armv in Boston ; and a new congress had convened at Philadelphia, preparing for ■war, if peace 
could not be obtained but at the price of their liberties ! 

Such let it be repeated, was the incredible madness, which urged forward the British nation and ji! 
councils, at this crisis ; to pursue schemes of blood and force ; doubtful at least in their success ; 
and even if successful, rendering the prize worthless. 

And this, rather than to receive back their estranged colonies, offering to return to the arms of 
the parent kingdom, on the simple condition of enjoying their accustomed rights, of internal I 
government and exemption from direct taxes ; leaving England in full possession, of executive [ 
and legislative government in every colony, as fully as she possessed it previous to 1763 ; with an 
explicit acknowledgment of her right to regulate trade, restrain, and burden it at pleasure : — a 
right infinitely more important to England, than all the rest ; and through the medium of which, 
all the rest was virtually attained ! 

In the address of congress to the people of Great Britain, they summed up their wishes in the i 
following words : " place us in the same situation that we were in, at the close of the last war, 
{1763,) and our former harmony will be restored." And in their " petition to the king," one 
of the most impressive, solemn, and eloquent state papers extant, they " begged leave to lay 
their grievances before the throne ;" and after a particular enumeration of these, they observed, 
«* that they wholly arose from a destructive system of colony administration, adopted since the con- 
elusion of the last war. They assured his majesty, that they had made such provision for defraying 
the charges of the administration of justice, and the support of civil government, as had been judg- 
ed just and suitable to their respective circumstances ; and that for the defence, protection and 
security of the colonies, their militia would be fully sufficient in time of peace ; and in case of war II 
they were ready and willing, when constitutionally required, to exert their most strenuous efforts U 
in granting supplies and raising forces. They said, « we ask but for peace, liberty and safety. | 
We wish not a diminution of the prerogative, nor do we solicit the grant of any new right in our I 
favour. Your royal authority over us, and our connexion with Great Britain, we shall always ( 
carefully and zealously endeavour to support and maintain.' They then solicited for a redress of i 
their grievances, which they had enumerated, and appealing to that Being, who searches thorough- 
ly the hearts of his creatures, they solemnly professed, ' that their counsels had been influenced 
by no other motives, than a dread of impending destruction.' They concluded with imploring his 
majesty, ' for the honour of Almighty God, for his own glory, for the interests of his family, for 
the safety of his kingdoms and dominions, that as the loving father of his whole people, connected 
by the same bonds of law, loyalty, faith and blood, though dwelling in various countries ; he would 
not suffer the transcendant relation formed by these ties, to be farther violated by uncertain ex- 
pectation of effects, that if attained, never could compensate for the calamities through which they 
must be gained." (2) 

Yet such was the settled purpose of the king and his councils, to maintain their claims, and re- 
fuse all terms short of implicit submission to every act of the government, and particularly taxation; 
that even this petition, was not allowed to be presented to the king, by the American agents ; his 
majesty saying, that he eould not possibly receive any thing which came from that body, as such a 
step would be to acknowledge its legality. 

" The contest (says the writer of lord North's administration) between Great-Britain and her 
colonies, was now unavoidably to be decided by the sword : and the attention of all Europe was 

(1) See the declaration of rights ante 115. Resolution of congress, Oct. 5. p. 135. Petition 
to the king, p. 138. (2) The conditions on which congress offered reconciliation, are precisely 
stated in their resolutions, Oct. 5, 1774. 



t 

I, 

: 1775, May.] HISTORICAL NOTES, &c. 199 

' : drawn to a dispute, so new in its nature and important in its consequences. The pre-eminence 
': which that country had gained over all other states, could not be beheld, even by her allies, without 
! some degree of envy ; but to those powers in whom a prescriptive rivalship and ill will subsisted, it 
| was beheld with impatience. This rupture, therefore, was attended to with the most interested 
I eagerness, and the wishes of all Europe, if we except some German principalities, may be said to 
| have been favourable to the cause of America. The Baron de Montesquieu, whom the past 

age received as an oracle, and whom some living writers of our own nation consider as a fanciful 
i politician, remarks, that " such powers as are established by commerce, may subsist for a long 

series of years in their humble condition, but their grandeur is of short duration. They rise by 
| little and little, and in an imperceptible manner, for they do not perform any great exploit, which 
J may make a noise and signalize their power ; but when they have once raised themselves to so 

exalted a pitch, that it is impossible but all must see them, every one endeavours to deprive such 
j a nation of an advantage, which they had snatched as it were from the rest of the world." A 
| desire of seeing a haughty nation humbled, might therefore tend more to promote this disposi- 
] don, than an attention to the merits of the cause. (1) 

(1)1 cannot close these brief reflections, upon the acts and professions of the first congress, 
| without adverting to the charge which has been made against their sincerity : that the British 
j ministry, should inculcate so black a calumny, and the British people, generally ignorant of facts 
j; and determined by blind prejudices, should believe in it, is not surprising : but it is matter of 
S wonder and regret, that any disinterested historian, and especially one of Mr. Botta's literary 
rank and personal consideration, should be supposed, in his late " history of the war of the inde- 
pendence of the U. States," to entertain and inculcate this opinion ; so derogatory to the charac- 
ter and honour of this assembly ; and fixing if it were true, a most indelible blot upon the American 
name and cause. 

That previous to the assembling of this eongress, individuals, and even one or two collective 
bodies, actuated by high notions of theoretical right, or smarting under the effects of local severi- 
ties, had asserted the necessity of independence, and advocated its justice, may possibly be shown. 

But certainly, a careful review of the situation, temper, and conduct of the colonies at large, 

and of the sentiments of the leading men and great body of citizens in each, as exhibited in all 

I the respectable popular writings and official acts of the times, prior to the session of the first 

congress ; can never authorise the belief, that "independence" was then contemplated, much less 

the very object in view. But when the several commissions and instructions, from the assemblies 

and conventions of the people, to their delegates in this congress, given without concert, and at 

i different periods, are reviewed, with not a single exception, expressing the most ardent loyalty, 

j and aspiring to nothing but redress of grievances, and reconciliation ; can it be imagined,- that 

these representatives, were to understand them in a different sense; and that their constituents 

I meant nothing else, but that under professions of loyalty, peace, and redress of wrongs ; thej 

j should forward schemes of rebellion, civil war, and independence ? — But what are we to say of 

the declarations, and the solemn and repeated asseverations of the congress itself. 

Besides, they stated their claims, reduced them to precision; they amounted to nothing, incon- 
sistent with dependence ; and it was not improbable, under all circumstances, that Great Britain 
might accede to them ; would any men possessing such designs as are supposed, have acted so 
weak a part, as to propose terms of everlasting obligation upon themselves and their constituents, 
the very reverse of independence, if that was the grand intention. 

But is no faith to be reposed on the consciences, and the individual integrity and honour of 
auch men, as composed this American assembly? 

Let any citizen of these states examine the names, and contemplate the characters which filled 
it, and then read over their often repeated resolves and professions, before God and the world, 
that they desired not independence, but redress of wrongs, and to remain in the relation of loyal 
and affectionate subjects of Great Britain ; and then say if it is to be credited, that they were a 
band of impostors, breathing peace and fidelity, yet secretly plotting, and intending treasons 
and war ! « 

It is no purpose of mine, to examine this point, but to advert to it : The scope and intention of 
my notes, lead to no such investigations ; they affect not to enter into these boundless dissertations, 
but simply to exhibit a naked account of facts, and events ; leaving it to readers, and professed 
historical -writers, to draw inferences, and make applications. 

It would be easy I think, to disprove the charge of insincerity, attributed to this body conclu- 
sively, by recurrence to evidences of every other kind, not relying on their own acts and profes- 
sions ; But as I have observed, this falls not within the range of my work : Those who may wish 
to see this heavy imputation combated with equal force and elegance, may find it discussed in 
" Vol. 4* No. I. new series of the North American review, art. ix. p. 169," being a review of 
Mr. Botta'a history, &©. 



£00 [1775, May.] HISTORICAL NOTES, &c. 



TO THE READER. 



IN the foregoing pages, it will be seen that the controversy between England and the colo« 
&ies, beginning in 1764, on the question of " internal taxation" and inflamed subsequently, by 
vtirious other alledged oppressions growing out of the parent stock, is brought to the month of 
May, in this year. 

Ministers had rejected all overtures made by the 1st congress in Oct . preceding, and at this 
time, completed their newly devised system against the trade and fisheries of the colonies ; in ad- 
dition to the laws passed the year preceding against Boston and Massachusetts; and the session 
of parliament closed the 26th of May. 

According to a resolution of the ^raf congress, {Oct. 22, 1774. See p. 131.) the second congress 
met on the 10th of this month, {May, 1775,) to deliberate on the state of the country ; and to 
pursue such course as the crisis demanded, taking into view what had occurred in the colonies 
since the first congress rose, (a lapse of 7 months ;) and what had been resolved on and done in 
Great Britain, within the same period. 

It would appear at first view, to be the natural order, as parliament closed in this month and 
congress met in the same, to proceed with the measures of the latter body ; as issue seemed join- 
ed at this precise period, and the cause now on the part of the colonies, became and was con- 
ducted, as a national or continental question with England. 

And certainly, the transactions in this body, and subsequent events from this month, would ex- 
hibit a continuity of the general and most important features, in the progress of the revolution to 
its end. 

But before proceeding to the acts of the 2d congress, and what followed on both sides of the 
Atlantick from this period, it is proper for me to devote some pages, 

First — To elucidations, in several instances, and corrections in others, of matters stated or re- 
ferred to in the foregoing notes. 

Second — To continue the account of colonial transactions, from the meeting of theirs* congress 
Sep. 1774, to that of the second at this time. 

The reader will have observed, that no notice has been taken of these. The first congress rose 
in Oct. 1774, their proceedings were transmitted to London, where the new parliament was sit- 
ting, when they arrived in December. 

It was confidently expected in America, that some accommodation would grow out of the over- 
tures and petition of that congress : but as has been shown, ministers and parliament were deaf to 
petitions, and employed the time from Jan. to May of this year, not in the work of pacification, 
but in preparing to enforce the system commenced against Massachusetts and the colonies, in the 
year before, by new and powerful punishments; accepting nothing short of implicit submission : It 
was this ultimatum, and the whole of British measures and American wrongs, which were now 
to come before the present congress" on the 10th of this month. Still however in the interval, from 
the meeting of the 1st congress in Sep. 1774, to this time, many local events of great importance 
had transpired in Massachusetts and other places, all tending to the same fatal issue on this side of 
the Atlantick, as those of the British cabinet on the other. 

Of these no account is given, the narrative of colony transactions being dropped, Sep. 6. 1774, 
with the Suffolk co. resolutions, and meeting of the first congress at that time. It is the relation 
of these events of 7 months, from the fortifying Boston neck by genera! Gage, to the capture of 
Ticonderoga and Crown-point, (on the very day of this year when the 2d congress met,) which is 
to occupy this second part of the appendix. 

Headers, who are incurious as to the additional and explanatory matter of thejirst part of it ; or 
to the local occurrences, in Massachusetts and other places, after the first congress met, which is 
to fill the second part ; may at once pass over the appendix, to the proceedings of the 2d congress. 

The running title, is therefore continued on, from the last proceedings in parliament, May 26, 
to the first proceedings in congress May 10, of this year, forming a complete continuation of 
•national transactions on both sides'. 



L'1775, May.] HISTORICAL NOTES, &c. 201 

APPENDIX— Part 1st.— Miscellaneous. 

No. 1. Franklin's Negotiation 177 '4 — 5. 

Previous to the meeting of parliament, in Jan. this year, ministers not being absolutely confident 
in their plans of coercion, affected aud probably felt, desirous of some accommodation. — At least 
they wished to possess this alternative, if they found themselves impeded in their more favourite 
scheme of compulsion, by obstacles in parliament. 

For they well knew the minority were powerful in talents, and active ; that all the mercantile, 
shipping, and manufacturing classes were against them; and that it depended on a mere calcula- 
tion of the cost of reducing the colonies to taxation, to determine the landed interest : To be pre- 
pared therefore, "they opened a communication with Dr.Franklm by means of informal agents, to 
mature some plan of eventual pacification : He acceded to the negotiation, and pursued it laboriously 
for many weeks ; sketching various plans, explaining them in detail, and always stipulating for the 
colonies an unequivocal acknowledgment of their rights, aud full redress of their grievances. It 
is not probable, that he indulged at any moment a hope of reconciliation ; but the opportunity was 
favourable, for an impressive exposition of the merits of the colonial cause, and a deeper insight 
into the dispositions and aims of the British government." 

It is this treaty, to which allusion is made at p. 192 ante. 

It is apparent, that ministers artfully appeared to concede much ; but took care to insist on one 
point, which they knew would never be agreed to; " the holding of charters, and constitutions of 
the several colonies, as mere wax in their own hands.". — It comprehended every other thing ; 
and they could not but know it would be treated, as most insulting mockery. 

Only admit the right of parliament to make anew their forms of government; and all colonial 
liberties would be extinguished ! 

The question dill not now turn with the English cabinet, on the point of laying taxes. Gren- 
ville's and Townshend's, and North's respective attempts, were considered futile and impolitick : 
the right of taxing was merely held out as a stalking horse for the landed interest. It became 
necessary, to lay hold of the internal governments of die colonies, by rendering them less popular, 
as the only means to ensure subordination and dependence. See p. 146. 

The king and his ministers had resolved upon this, in the spring of 1774 ; aud begun with the 
Massachusetts government; changing it in fact, so as to place the whole power, executive, legis- 
lative, and judicial, under British control. 

The following is an account of the negotiation, with the articles, pro. and con. 

" WHILE the breach between Great Britain and the colonies was daily increasing, the en- 
lightened and liberal, who loved peace and the extension of human happiness, saw with regret the 
approaching horrors of a civil war, and wished to avert them. With these views, Dr. Fothergill, 
Mr. David Barclay and Dr. Franklin, held sundry conferences in London on American affairs. 
The two former were English gentlemen of most amiable characters, and highly esteemed by the 
British ministry. The last was by birth an American, but a citizen of the world, who loved and 
was beloved by all good men. He was also agent for several of the colonies. At one of their 
conferences held at the house of Dr. Fothergill, on the 4th December 1774, before the proceed- 
ings of congress had reached England — a paper drawn up by the last, at the request of the two 
first, was submitted to their joint consideration, which, with a few additions proposed and agreed 
to by common consent, was as follows : 

" Hints for conversation upon the subject of terms, that might probably produce a durable union 
between Britain and the colonies. 
" 1st. The tea destroyed to be paid for. 

« 2d. The tea duty act to be repealed, and all the duties that have been received upon it, to be 
repaid into the treasuries of the several provinces, from which they have been collected. 
'• 3d. The acts of navigation to be all re-enacted in the colonies. 

" 4th. A naval officer to be appointed by the crown, to see that these acts are observed. 
" 5th. All the acts restraining manufactories in the colonies, to be re-considered. 
" 6th. All duties arising on the acts for regulating trade with the colonies, to be for the publick 
use of the respective colonies, and paid into their treasuries. 

" The collectors and custom-house officers to be appointed by each governor, and not sent from 
England. 

" 7th. In consideration of the Americans maintaining their own peace establishment, and the 
monopoly Britain is to have of their commerce, no requisition is to be made from them in time of 
peace. 
"8th. No troops to enter and quarter in any colony, but with the consent of its legislature. 
" 9th. In time of war, on requisition by the king with consent of parliament, every colony shall 
raise money by the following rules in proportion, viz. If Britain, on account of the war, raises 
three shillings in the pound to its land tax, then the colonies to add to their last general provincial 
peace tax, a sum equal to one fourth part thereof; and if Britain on the same account pays four 
shillings in the pound, then the colonies to add to their last peace tax, a sum equal to the half 
thereof ; which additional tax is to be granted to his majesty, and to be employed in raising and 
paying men for land or sea service, and furnishing provisions, transports, or for such other pur- 
poses as the king shall require and direct , and though no colony may contribute less, each may 
add as much by voluntary grant as it shall think proper. 

"10th. Castle William to be restored to the province of Massachusetts Bay, and no fortress to 
be built by the crown in any province, but with tlje consent of its legislature. 



202 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— MsceUaneoue. 

" 11th. The late Massachusetts and Quebec acts to be repealed, and a free government granted ( 
to Canada. 

" 12th. All judges to be appointed during good behaviour, with equally permanent salaries, to be 
paid out of the province revenues, by appointment of the assemblies : or if the judges are to be j ; 
appointed during the pleasure of the crown, let the salaries be during the pleasure of the assem- f 
blies as heretofore. f 

" 13th. Governors to be supported by the assemblies of each province. 

" 14th. If Britain will give up her monopoly of the American commerce, then the aid above- 
mentioned to be given in time of peace, as well as in time of war. 

" 15th. The extension of the act of Henry the 8th, concerning treasons, to the colonies, to be 
formally disowned by parliament. f 

" 16th. The American admiralty courts to be reduced to the same powers they have in England, 
and the acts establishing them, to be re-enacted in America. 

" 17th. All power of internal legislation in the colonies, to be disclaimed by parliament. 

" On reading this paper a second time, Dr. Franklin gave his reasons at length for each article. 
Some of them were as follows. 

" On the first article he observed, that when the tea was destroyed at Boston, Great Britain |* 
had a right to reparation, and would certainly have had it on demand, as was the case when inju- 
ries were done by mobs in the time of the stamp act: or she might have a right to return an equal 
injury if she rather chose to do that; but Great Britain could not have a right both to reparation 
and to return an equal injury, much less had she a right to return the injury ten or twenty fold, as 
she had done by blocking up the port of Boston. All which extra injury ought lo be repaired by 
Great Britain. That therefore, if paying for the tea was agreed to as an article fit to be proposed, 
it was merely from a desire of peace, and in compliance with the opinions of Dr. Fothergill and 
David Barclay, expressed at their first meeting — that this was indispensable, that the dignity of f 
Great Britain required it, and that if this was agreed to, every thing else would be easy. 

" On the second, it was observed that the tea duty act should be repealed, as having never an- 
swered any good purpose, as having been the cause of the present mischief, and never likely to be 
executed. That the act being considered as unconstitutional by the Americans, and what parlia- 
ment had no right to enact, they must consider all the money extorted by it as so much wrongfully 
teken, and of which, therefore, restitution ought to be made, and the rather as it would furnish a 
fund, out of which the tea destroyed would be be6t defrayed. 

" On the third and fourth articles it was observed, that the Americans were frequently charged 
■with views of abolishing the navigation act, but that in truth those parts of it' which were of most 
importance to Britain, as tending to increase its naval strength, were as acceptable to the colonists 
as they could be to the inhabitants of the parent state, since they wished to employ their own 
ships in preference to those of foreigners, and they had no desire to see foreign ships enter their 
ports. That it would prevent disputes if they were re-enacted in the colonies, as that would de- 
monstrate their consent to them ; and then, if all the duties arising on them were to be collected by 
officers, appointed and paid in the respective governments, and the produce paid into their trea- 
suries ; the acts would be better and more faithfully executed, and at much less expense, and a 
great source of misunderstanding between the two countries removed — that the extension of the 
admiralty jurisdiction so much complained of, would then no longer be necessary. 

" In support of the 7th article it was observed, that if every distinct part of the king's dominions , 
supported its own government in time of peace, it was all that could justly be required of it. — 
That all the old or confederated colonies had done so from their beginning, that their taxes for 
that purpose were very considerable, that new countries had many expenses which old ones were 
free from, the work being done to their hand by their ancestors, such as making roads and bridges, 
erecting churches, court-houses, forts, quays and other publick buildings, founding schools and 
places of education, hospitals and alms-houses — that the voluntary subscriptions and legal taxes for 
such purposes taken together, amounted to more than was paid by equal estates in Great Britain ; 
that it would be best not to take money from the Americans, as a contribution to its publick ex- 'J 
pense in time of peace ; first, for that just so much less would be got from them in commerce ; and I 
secondly, that coming into the hands of British ministers accustomed to prodigality of publick 
money, it would be squandered and dissipated without answering any general good purposes. 
That on the whole it would be best for both countries, that no aids should be asked from die colo- 
nies in time of peace, that it would then be their interest to grant bountifully, and exert them- 
selves, in time of war, the sooner to put an end to it. 

" In support of the 8th article, it was said, that if the king could bring into any one part of his 
dominions, troops raised in any other part of them, without the consent of the legislature of the part 
to which they were brought, he might bring armies raised in America to England, without the 
consent of parliament. 

« The 9th article was drawn in compliance with an idea of Dr. Fothergill, that the British 1 
government would probably not be satisfied, with the promise of voluntary grants in time of war, j 
from the American assemblies, of which the quantity must be uncertain ; that therefore it would 
be best to proportion them in some way, to the shilling in the pound raised in England. 

" In support of the 10th article was urged, the injustice of seizing that fortress which had been 
built at an immense charge by the province, for the defence of their port against national enemies, I 
and turning it into a citadel for awing the town, restraining their trade, blocking up their port, and 
depriving tneia of their privileges. That a great deal had been said of their injustice in destroy- 



11779, May.l HISTORICAL NOTES, &c. 203 



APPENDIX— Part 1st — Miscellaneous. 

ing the tea, bat here was a much greater injustice uncompensated, that castle having cost the pro* 
vince 300,0001. 

"In support of the 11th article, it was said, that as the Americans had assisted in the conquest 
of Canada, at a great expense of blood and treasure, they had some right to be considered in the 
settlement of it; that the establishing an arbitrary government on the back of their settlements, 
would be dangerous to them all. That as to amending the Massachusetts government, though it 
might be shown that every one of these pretended amendments were real mischiefs, yet, that as 
charters were compacts between two parties, the king and people, no alteration could be made in 
them even for the better, but by the consent of both parties; that the parliamentary claim and 
exercise of power to alter American charters, had rendered all their constitutions uncertain, and 
set them quite afloat. That by this claim of altering laws and charters at will, they deprived the 
colonists ot all rights and privileges whatever, but what they should held at their pleasure. — That 
this was a situation they could not be in, and must risque life and every thing, rather than submit to it. 
"The 12th article was explained, by stating the former situation of the judges in most of the 
eolonies, viz. that they were appointed by the crown and paid by the assemblies, that the appoint- 
ment bt:ing during the pleasure of the crown, the salary had been during the pleasure of the as- 
sembly ; — that when it was urged against the assemblies, that their making judges dependent on 
them for their salaries, was aiming at an undue influence over the courts of justice, the assemblies 
usually replied, that making them dependent on the crown for continuance in their places, was 
also retaining an undue influence over those courts, and that one undue influence was a proper 
balauce for another ; but that whenever the crown would consent, to the appointment of judges 
only during good behaviour, the assemblies would at the same lime grant their salaries, to be per- 
manent during their continuance in offlue ; that instead of agreeing to this equitable offer, the crown 
now claimed to make the judges in the colonies, dependent on its favour for place as well as salary, 
and both to be continued at its pleasure. This the colonies must oppose as inequitable, as putting 
both the weights into one of the scales of justice. 

" In favour of the 13th it was urged, that the governors sent to the colonies were often men of 
no estate or principle, who came merely to make fortunes, and had no natural regard for the 
country they were to govern. That to make them quite independent of the people, was to make 
them careless of their conduct, and giving a loose to their rapacious and oppressive dispositions. 
That the dependence of the governors on the people for their salaries, could never operate to the 
prejudice of the king's service, or to the disadvantage of Britain; since each governor was bound by 
a particular set of instructions which he had given surety to observe, and all the laws he assented to, 
were subject to be repealed by the crown. That the payment of the salaries by the people, was more 
satisfactory to them, and was productive of a good understanding between governors and governed, 
and that therefore, the innovations lately made at Boston and New York, should be laid aside. 

'♦The 1 4th article was expunged, on the representation of Dr. Fothergill and David Barclay, 
that the monopoly of the American commerce would never be given up, and that the proposing 
of it would only give offence, without answering any good purpose. 
"The 15th article was readily agreed to. 

"The 16th was thought to be of little consequence, if the duties were given to the colony 
treasuries. 

" The 17th it was thought could hardly be obtained, but it was supported by Dr. Franklin, al- 
ledging, that without it any compact made with the Americans, might be evaded by acts of the 
British parliament, restraining the intermediate proceedings, which were necessary for carrying it 
into effect 

" This paper of hints was communicated to lord Dartmouth(l) by Dr. Fothergill, who also stated 
the arguments which in conversation had been offered in support of them. When objections were 
made to them, as being humiliating to Great Britain, Dr. Fothergill replied, ' that she had been 
unjust, and ought to bear the consequences, and alter her conduct — that the pill might be bitter, 
but it would be salutary and must be swallowed ; that sooner or later these or similar measures 
must be followed, or the empire would be divided and ruined.' 

"These hints were handed about amongst ministers, and conferences were held on them. The 
result, was on the 4th of February 1775, communicated to Dr. Franklin, in the presence of Dr. 
Fothergill and David Barclay, which, as far as concerned the leading articles, was as follows: 
" 1 . The first article was approved. 

« 2. The second agreed to so far as related to the tea act, but repayment of the duties that had 
been collected was refused. 

" 3. The third not approved, as it implied a deficiency of power in the parliament that made 
the acts. 

" 4. The fourth approved. 

« 5. The fifth agreed to, but with a reserve that no change prejudicial to Britain was to be ex- 
pected. 

" 6. The sixth agreed to, so far as related to the appropriation of the duties, but the appoint- 
ment of the officers and of their salaries to remain as at present. 
"7. The seventh relating to aids in time of war, agreed to. 
" 8. The eighth relating to troops, was inadmissible. 

"9. The ninth could be agreed to with this difference, that no proportion should be observed 
Vith regard to preceding taxes, but each colony should give at pleasure. 

(1) Secretary of state. 



204 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. 

" 10. The tenth agreed to as to the restitution of Castle William, but the restriction on the 
Crown in building fortresses refused. 

"11. The eleventh refused absolutely, except as to the Boston port bill, which would be re- 
pealed ; and the Quebec act might be so far amended, as to reduce that province to its ancient 
limits. The other Massachusetts acts being real amendments of their constitution, 

MUST FOR THAT REASON BE CONTINUED, AS WELD AS TO BE A STANDING EXAMPLE OF THE 
TOWEK OF PARLIAMENT. 

" 12. The twelfth agreed to, that the judges should be appointed during good behaviour, on the 
assemblies providing permanent salaries, such as the crown should approve of. 

" 13. The thirteenth agreed to, provided the assemblies make provision, as in the preceding 
article. 

"15. The fifteenth agreed to. 

"16. The sixteenth agreed to, supposing the duttes paid to the colony treasuries. 
" 17. The seventeenth inadmissible. 

" At this interview, the conversation was shortened by Dr. Franklin's observing, that while the ! 
parliament claimed and exercised a power of internal legislation for the colonies, and of altering 
American £ constitutions at pleasure, there could be no agreement ; as that would render the Ame- i 
ricans unsafe in every privilege they enjoyed, and would leave them nothing, iu which they could 
be secure. It being hinted how necessary an agreement was for America, since it was so easy for j 
Britain to burn all her seaport towns, Dr. Franklin replied, * that the chief part of his little pro- 
perty consisted of houses in such towns, that they might make bonfires of them whenever they \ 
pleased. That the fear of losing them would never alter his resolution, of resisting to the last ex- 
tremity that claim of parliament, and that it behoved Great Britain to take care what mischief she 
did to America, for that sooner or later she would certainly be obliged, to make good all damages 
■with interest.' 

"On the 16th of February, 1775, the three before mentioned gentlemen met, when a paper : 
was produced by David Barclay entitled, ' A plan, which it is believed would produce a perma- ' 
nent union between Great Britain and her colonies. This, in the first article, proposed a repeal of 
the tea act, on payment being made for the tea destroyed. Dr. Franklin, agreed to the first part, 
but contended that all the other Massachusetts acts should also be repealed, but this was deemed j 
inadmissible. Dr. Franklin declared, that the people of Massachusetts would suffer all the hazards i 
and mischiefs of war, rather than admit the alteration of their charters and laws by parliament. \ 
He was for securing the unity of the empire, by recognizing the sanctity of charters, and by leav- '< 
ing the provinces to govern themselves, in their internal concerns; but the British ministry could 
not brook the idea, of relinquishing their claim to internal legislation for the colonies, and especially j 
to alter and amend their charters. The first was for communicating the vital principles of liberty ! 
to the provinces ; but the latter, though disposed to redress a few of their existing grievances, 
■would by no means consent to a repeal of the late act of parliament, for altering the chartered 
government of Massachusetts, and least of all to renounce all claim to future amendments of . 
charters, or of internal legislation for the colonies. 

" Dr. Franklin laboured hard to prevent the breach from becoming irreparable, and candidly 
stated the outlines of a compact, which he supposed would procure a durable union of the two 
countries : but his well meant endeavours proved abortive, and in tbe mean time he was abused, as 
the fomenter of those disturbances which he was anxiously endeavouring to prevent. That the 
ministry might have some opening to proceed upon, and some salvo for their personal honour, he 
■was disposed to engage, that pecuniary compensation should be made for the tea destroyed, but 
he would not give up essential liberty, for the purpose of procuring temporary safety. Finding the 
ministry bent on war, unless the colonists would consent to hold their rights, liberties and charters, 
at the discretion of a British parliament ; and well knowing that his countrymen would hazard 
every thing, rather than consent to terms so degrading as well as inconsistent with the spirit of 
the British constitution, he quitted Great Britain in March 1775, and returned to Philadelphia. 
Dr. Fothergill, his worthv coadjutor in the great business of peace, wrote to him on the evening 
before he left London, * That whatever specious pretences were offered, they were all hollow, 
and that, to get a larger field on which to fatten a herd of parasites, was all that was intended.* 
With this conviction, founded on personal observations, as well as the testimony of his esteemed 
friend, who in the course of his daily visits among the great, in the practice of his profession, had 
an opportunity of knowing their undisguised sentiments ; Dr. Franklin joined his countrymen, and 
exerted his great abilities in conducting them through a war, he had in vain laboured to pre- 
vent." liamsay. 

(JVote.) By recurrence to pages, 56 and 60, it will be seen, that Dr. Franklin'm 1773, then agent 
for Massachusetts and other colonies in London ; was charged with presenting a petition to the king, 
fjr removing gov. Hutchinson, and It. gov. Oliver from office ; in consequence of the detection of 
certain letters, written by them to persons inofficial stations, in England; — This petition, had been 
referred by the king, to a committee of the privy council: — It was brought to a hearing, Jan. 29th 
1774, when Dr. Franklin was summoned to attend ; on which occasion, the then solicitor general, 
Mr Wedderburn, (afterwards made lord Loughborough,) so grossly insulted him, holding him 
forth as a '<thief and a murderer," and as having "forfeited all the respect of societies and men,"(l) 

(I) The affair of the "Hutchinson Letters" had produced a duel, in ivhich one of the parties 
■was dangerously wounded; this was the charge of murder ,• the " theft" consisted in obtaining 
the packet of letters from the office ; Dr. Franklin bad, no concern in the duel, or the burglary. 



r 



Yl775, May.] HISTORICAL NOTES, &c. ao£ 



APPENDIX— Part 1st.— Miscellaneous. 

and all this merely for discharging his duty, as an agent; and for which too, on the next day, he 
was dismissed from his office of deputy post master geiieral, of the colonies of J\'orth America ; 
which he had long held, to the great advantage of the publick, and the British treasury; — an order 
also accompanied the dismission, forbidding the gov. of Massachusetts 10 sign any warrant, which 
his constituents of that province might draw on the treasury there, for paying his salary as agent 
of the colony. It was but 18 months afterwards, {July 26, 1775,) that he was appointed post master 
general of the " United Colonies of America," by the 2d congress. 1 Jour. Cong. 177. 

The particular object of this note however is, to call the reader's attention to the subject of the 
means by which Dr. 'Franklin procured the letters, (which he afterwards sent over to Boston,) and 
which were made the foundation of the petition, to remove Hutchinson and Oliver : In page 60, the 
note alludes to a " recent development of this :"■ — The, reader is referred for a full notice 01 the 
subject, to vol. 2d, of the North American Hevierv, No. xxviii. New Series iii, p. 31 — by which it 
would appear, that the letters were procured by Dr. Hugh Williamson, (a young American 
gentleman, then on his travels, and since so celebrated in the United States,) by a dexterous 
imposition on the clerk of the office where they were deposited, and immediately delivered over 
by him to Dr. Franklin, without any participation of the latter in the procurement ; Dr. Frank- 
lin, though he held himself at liberty, and bound in duty, to transmit these traitorous and perfidi- 
ous documents to his constituent, the colony of Massachusetts, yet inviolably kept secret, I believe 
in what way they came to his possession. 



No. 2. Albany Congress, 1754. p. 12. 

THIS congress met June 14, 1754, but sat into July, and on the 4th of that month agreed to the 
celebrated "plan of union." This was the first project of a general union between the colonies,, 
under a scheme of federal government. 

It afforded ^precedent for the congresses of 1765, and 1774 ; and doubtless, in framing the arti- 
cles of confederation, adopted in 1781, and the constitution of the United States, in 1787, was 
resorted to, for the sake of forms, and even principles of government. 

It is therefore inserted here, with a preliminary account, somewhat more particular than is to 
he found at pages 12 and 13. The following will convey this information. 

" A convention of delegates from the different colonies had, by direction of the commissioners 
for the plantations, been appointed to meet at Albany, to hold a conference with the Five Nations 
on the subject of French encroachments, and to secure their friendship in the approaching war. 
Availing himself of this circumstance, governor Shirley had recommended to the several governors 
to instruct their commissioners, on the subject of union. Ample powers for this object were given 
to the delegates from Massachusetts, and those of Maryland were instructed to observe, what 
others should propose respecting it. But no direct authority for concerting any system, for cal- 
ling out and employing the strength of the colonies, was given by any other of the governments. 

"The congress, consisting of delegates from Massachusetts, Rhode Island, Connecticut, New 
York, New-Jersey, Pennsylvania, Delaware, Maryland and South Carolina, met at the place ap- 
pointed ; and having endeavoured to secure the interests of the Five Nations (Indians) by large pre- 
sents, a committee, consisting of one member from each colony, was directed to draw and report 
a plan of union. 

"The essential principles of the plan reported, and afterwards agreed to on the fourth of July 
were, "that application be made for an act of parliament, to form a grand council, to consist of de- 
legates from the several legislatures, and a president general to be appointed by the crown, with a 
negative voice. This council was to enact laws of general import, to apportion the quotas of men 
and money to be raised by each colony ; determine the building of forts; regulate the operations 
of armies ; and concert all measures for the common protection and safety." A copy was trans- 
mitted to each of the colonial assemblies, and one to the king's council. 

" The delegates from Connecticut alone dissented in the convention, from this plan. Their sole 
objection to it was founded on the powers of the president general, who, being an officer appoint- 
ed by the crown, was deemed by that cautious people, to be invested by the articles of the union 
with an authority dangerous to their welfare. 

" For a very different reason, the plan was objected to in England also. The colonies had, in 
several instances, manifested a temper by no means so submissive as was required, and it was ap- 
prehended that such a union, might be the foundation of a concert of measures, opposing the pre- 
tensions of supremacy set up by the mother country. 

"The plan, therefore, notwithstanding the pressure of external danger, did not prevail. It was 
not supported in America, because it was supposed to place too much power in the hands of the 
ting ; and it was rejected in England, because it was supposed to give too much importance to the 
colonial assemblies, who would be rendered still more formidable by being accustomed to co-ope- 
rate with each other. 

"In the place of this confederation, it was proposed by the minister, that the governors, with 
one or two members of the councils of the respective provinces, should assemble to consult and 
resolve on measures necessary for the common defence, and should draw on the British treasury 
for the sums to be expended, which sums should he afterwards raised by a general tax, to be im- 
posed by parliament, on the colonies. 

26 



206 [17? 5, May/) HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. 

"This proposition was entirely subversive of all the opinions which prevailed in America, and 
the present was deemed an improper time to press it. As no satisfactory plan for calling out the 
streugth of the colonies could be devised, it was determined to carry on the war with British 
troops, aided by such re-enforcements as the several provincial assemblies would voluntarily af- 
ford." Marshall. 

The "Plan of the Union" was this, viz * 

"It is proposed that humble application be made for an act of parliament of Great Britain, by 
virtue of which one general government may be formed in America, including all the said colo- 
nies: f_ Massachusetts bay, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, 
Pennsylvania, Maryland, Virginia, North Carolina and South Carolina] within and under which 
government, each colony may retain its present constitution, except in the particulars wherein a 
change may be directed by the said act, as hereafter follows : 

PRESIDENT GENERAL AND GRAND COUNCIL. 

"That the said general government be administered by a president general, to be appointed and 
supported by the crown, and a grand council, to be chosen by the representatives of the people of 
the several colonies, met in their respective assemblies. 

ELECTION OP MEMBERS. 

" That within months after passing such act, the houses of representatives that happen to 

be sitting within that time, or that shall be especially for that purpose convened, may and shall 
.choose members for the grand council, in the following proportion, that is to say : 

Massachusetts Bay 7 

New Hampshire . . • 2 

Connecticut 5 

Rhode Island , 2 

New York 4 

New Jersey 3 

Pennsylvania 6 

Maryland 4 

Virginia 7 

North Carolina 4 

South Carolina • ,4 

48 

PLACE OP FIRST MEETING. 

. " Who shall meet fop the first time at the city of Philadelphia, in Pennsylvania, being called by 
the president general as soon as conveniently may be, after his appointment. 

SEW ELECTION. 

« That there shall be a new election of the members of the grand council every three years ; 
and on the death or resignation of any member, his place shall be supplied by a new choice, at the 
next sitting of the assembly of the colony he represented* 

PROPORTION OP THE MEMBERS AFTER THE FIRST THREE TEARS. 

"That after the first three years, when the proportion of money arising out of each colony to 
the general treasury can be known, the number of members to be chosen for each colony shall, 
from time to time, in all ensuing elections, be regulated by that proportion (yet so as that the num- 
ber to be chosen by any one province be not more than seven, nor less than two. ) 

MEETINGS OF THE GRAND COUNCIL AND CALL. 

" That the grand council shall meet once in every year, and oftener, if occasion require, at 
such time and place as they shall adjourn to at the last preceding meeting, or as they shall be 
ealled to meet at, by the president general, on any emergency ; he having first obtained in writing 
the consent of seven of the members to such call, and sent due and timely notice to the whole. 

CONTINUANCE. 

« That the grand council have power to choose their speaker : and shall neither be dissolved, 
prorogued, nor continued sitting, longer than six weeks at one time ; without their own consent, or 
the special command of the crown. 

MEMBERS ATTENDANCE. 

" That the members of the grand council shall be allowed for their services, ten shillings ster- 
ling per diem, during their session and journey to and from the place of meeting; twenty miles 
to be reckoned a day's journey. 



,[1775, May.] HISTORICAL NOTES, &c. 207 



APPENDIX— Part 1st.— JSEscellaneous. 

ASSENT OF PRESIDENT GENERAL AND HIS BUTT. 

** That the assent of the president general be requisite to all acts of the grand council ; and that 
it be his office and duty to cause them to be carried into execution. 

POWER OP PRESIDENT GENERAL AND GRAND COUNCIL, TREATIES OF PEACE AND WAR. 

"That the president general, with the advice of the grand council, hold or direct all Indian 
.treaties in which the general interest of the colonies may be concerned ; and make peace or de- 
clare war with Indian nations. 

INDIAN TRADE. 

ft That they make such laws as they judge necessary for regulating all Indian trade, 

INDIAN PURCHASES. 

"That they make all purchases from the Indians for the crown, of lands not now within the 
Hounds of particular colonies, or that shall not be within their bounds, when some of them are re- 
duced to more convenient dimensions. 

NEW SETTLEMENTS. 

" That they make new settlements on such purchases, by granting lands in the king's name, re- 
serving a quit rent to the crown, for the use of the general treasury. 

LAWS TO GOVERN THEM. 

" That they make laws for regulating and governiag such new settlements, until the crown shall. 
think fit to form them into particular governments. 

RAISE SOLDIERS AND EQUIP VESSELS, StC. 

"That they raise and pay soldiers, build forts for the defence of any of the colonies, and equip 
vessels of force to guard the coasts and protect the trade on the ocean, lakes, or great rivers; but 
they shall not impress men in any colony, without the consent of the legislature. 

POWER TO MAKE LAWS, LAY DUTIES, &C. 

" That for these purposes they have power to make laws, and lay and levy such general duties, 
fmposts, or taxes, as to them shall appear most equal and just, (considering the ability and other 
circumstances of the inhabitants in the several colonies) and such as may be collected with the 
least inconvenience to the people ; rather discouraging luxury, than loading industry with unne- 
cessary burdens. 

GENERAL TREASURER AND PARTICULAR TREASURER. 

" That they may appoint a general treasurer and particular treasurer in each government, 
when necessary; andfrcm time to time may order the sums in the treasuries of each government 
into the general treasury, or draw on them for special payments, as they find most convenient. 

MONET, HOW TO ISSUE. 

"Yet no money to issue but by joint orders of the president general and grand council, except 
where sums have been appropriated to particular purposes, and the president general has been 
previously empowered by an act, to draw for such sums. 

ACCOUNTS. 

*< That the general accounts shall be yearly settled, and reported to the several assemblies. 

QUORUM. 

" That a quorum of the grand council, empowered to act with the president general, do con- 
sist of twenty-five members; among whom there shall be one or more from the majority of the 
colonies. 

LAWS TO BE TRANSMITTED. 

''That the laws made by them for the purposes aforesaid, shall not be repugnant, but, as near 
as may be, agreeable to the laws of England, and shall be transmitted to the king in council for 
approbation, as soon as may be after their passing ; and if not disapproved within three years after 
presentation, to remain in force. 

BEATH OF THE PRESIDENT GENERAL. 

"That in case of the death of the president general, the speaker of the grand council for the 
time being shall succeed, and be vested with the same powers and authorities, to continue until 
•the king's pleasure be known. 

OFFICERS, HOW APPOINTED. 

'""That all military commission officers, whether for bmd or sea service, t» act under this gene- 



208 (1775, May.] HISTORICAL NOTES, &6; 

A PPE NDIX— Part 1 St.— Miscellaneous. 

Val constitution, shall be nominated by the president general ; but the approbation of the grand 
council is to be obtained, before they receive their commissions. And ail civil officers are to be 
nominated by the grand council, and to receive the president general's approbation before thej 
officiate. 

VACANCIES, HOW SUPPLIED. 

" But in ease of vacancy, by death, or removal of any officer, civil or military, under this con- 
stitution, the governor of the province in which such vacancy happens, may appoint until the 
pleasure of the president general and grand council can be known. 

EACH COLONY MAT DEFEND ITSELF ON EMERGENCY, &C. 

"That the particular military as well as civil establishments in each colony, remain in their pre- 
sent state, the general constitution notwithstanding; and that on sudden emergencies any colony 
may defe nd itself, and lay the accounts of expense thence arising before the president general 
and grand council, who may allow and order payment of the same, as far as they judge such ac- 
counts reasonable." Marshall. 

Gordon attributes the plan to Thomas Hutchinson, afterwards gov. of Massachusetts : — I 
have so stated it ; but incorrectly it is presumed, as all other accounts I have seen, assign it to Dr. 
Franklin: — In his letter to gov. Shirley, Dec. 1754, a few months afterwards, in which he com- 
bats the counter plan of ministers, (See p. 13.) he makes no allusion directly to the "Albany- 
code." The following extract is from Holmes' Annals, — in which he speaks of Dr. Franklin, as 
the undoubted author of it. 

« For this account and other additional reasons, the general assembly of Connecticut did not ac- 
cede to the plan of union. See those reasons in Coll. Hist. Soc. vii. 210 — 214. On the negative 
"voice of the president general, the assembly observes ; it ' may bring his majesty's interest into 
danger: That officer, in so extensive a territory, not well understanding, or carefully pursuing 
proper methods for the country's good, all may be ruined before relief can be had from the 
throne and it seems the council, from the respective colonies, are most likely to under- 
stand the true interest and weal of the people.' The power of levying taxes, ' throughout this 
extensive government,' was considered by that assembly as < a very extraordinary thing, and; 
against the rights and privileges of Englishmen ;' and, it was remarked, ' any great innovations or 
breach of the original charters or constitutions' of die colonies, 'will greatly discourage the industry 
. of the inhabitants, who are jealous of their privileges ; and, while they are secured, are zealous to j 
secure liis majesty's dominions here, and pursue the enlargement thereof. 5 The name of Jona- 
than Trumbull appears among other very respectable names of a committee, appointed by die II 
assembly to consider the proposed plan of union. Life of Franklin, 139, 140. Belknap N. Hamp. | 
ii. 284 — 287. Minot, i. ch. ix ; where the plan of union is inserted. Another plan, then proposed, | 
is in Coll. Hist. Soc. vii. 203 — 207. Who composed it, does not appear ; perhaps Mr Hutchinson ' ] 
of Massachusetts. The plan, agreed to in convention, was drawn up by Benjamin Franklin. The 
persons, appointed by the convention to draw a plan of union, were Hutchinson of Massachusetts, 
Atkinson of New Hampshire, Hopkins of Rhode Island, Pitkin of Connecticut, Smith of New 
York, Franklin of Pennsylvania, and Tasker of Maryland ; one member from each colony. — 
Notice of remarkable synchronisms in history may assist the memory, and incite to a serious "and 
impressive observance of providential eveuts. The same day [4th July'] on which Franklin sign- 
ed the plan of Union in convention at Albany, Washington capitulated with the French at fort |: 
Necessity. Exactly twenty two years afterward [4th July 1776,] Franklin signed the Declara- 
tion of Independence, while Washington was successfully commanding the armies of America. 
The jealousy of the parent country would not, at the first period, allow the colonies a confedera- 
tion, with any share of power ; those colonies, at the last period, asserted and maintained an ex- 
clusive right of absolute jurisdiction." Holmes. 

I have inserted the good author's synchronism, as part of the quotation ; though it may not pro- 
duce in most persons any serious reflections, it is singular, and quite as important, and much more 
agreeable than the description of some shocking murder, or shipwreck. 



No. 3. Congress of N. Fork, Oct. 1765. p. 22. Stamp act 

The stamp act passed Mar. 22, 1755. — It was not to go into operation, till Nov. 1. The inter- 
val was necessary to put such a massy system as a stamp law into operation, throughout the 
continent of North America, and the West Indies: This gave time to pause on the means of 
resistance : There had been no preparatory measures, no concert : The " sugar act," passed the 

fireceding year, had gone into operation : that had been vigorously opposed, but unsuccessfully : ' 
t imposed duties, altogether on foreign articles, paid at the ports by the importer. 
The tax was a real one upon the consumer, and in principle the same, whether he paid an ad- 
ditional 3 pence sterling on a gall, of French molasses, or a yard of India calico, to the importer, ! 
or the tax gatherer: still however the pill was not so bitter, wrapped up and concealed in the price 
of the commodity. — Not so with the sums to be paid for the use of stamped paper ; it came home to 
every man's fire-side, the cost and trouble could be counted at once, and the question as soon oc- 
curred to the plainest man in America ; what power forces me to pay this money ? 
The answer— & British parliament, sitting in Westminster Hall on the banks of the Thanjes^ 



£1775, May.] HISTORICAL NOTES, &o. 209 



APPENDIX— Part 1 St.— Miscellaneous. 

3000 miles over the ocean ; composed entirely of Englishmen, chosen by English land holders 
and manufacturers; those are the men who tax you a shilling for using a bit of paper not worth 
i the tenth part of a penny ; and this without being your agents, or empowered 10 take your pro- 
I perty on any principle of British liberty. 

Nevertheless, for a short time after the act arrived, some indecision was apparent ; not upon 
J ihe point of resistance, or on the principle ; but the means. 

The subject was taken up in the Virginia house of burgesses, the last of May, (Seep. 21, 2. and 
; no. 5, infra.) and resolutions entered into against the act. — This produced immediate and strong 
I effects upon the popular mind, and put the people in action : The execution of the stamp law, 
j might from that moment be considered as impracticable in the colonies ; the passions of the mul- 
titude were greatly excited ; and as the time approaciied for putting the act into operation ; vio- 
| lence increased, and excesses followed : — every thing went on as before, no stamps were used, or 
j dared to be seen, and iu courts of justice, no one was hardy enough to take an objection. 

- About the same time, the Virginia resolves (or supposed resolutions) against the right of Great 
Britain to impose taxes passed, another measure, originated in a northern colony. 

In Massachusetts, (where the publick mind, was habitually and intensely fixed upon every 
constitutional question, especially upon that of taxation,) the legislature convened soon after in- 
formation of the stamp act was received: They deemed it a step ot such vast magnitude, and of 
so determined a character, on the part of England, in execution of the system of American re- 
venue determined upon there, as to demand the combined re monstrances and resistance of all the 
colonies. See p. 22. 

Under this view, in order to render the opposition national, uniting all America on its side, a 
general congress was determined upon, a measure which if carried, would answer the double 
purpose of beating down the stamp law, and laying the foundation of future union and collected 
energies, against similar attempts. 

This scheme originated as it would appear, with col. James Otis, an eminent lawyer and judge 
of probates, and his son James Otis, who was then in the assembly, being at that time only 23 years 
of age, but distinguished for learning, eloquence, and all the qualifications which the times re- 
quired, in one who became the assertor of American rights and liberties. Perhaps no individual 
can be named, to whom posterity is more indebted, as one of the earliest, and most successful ad- 
vocates on the side of his country, than to Mr. Otis. (1) 

The origin of the congress which assembled at New York, (Oct. 1765) is given by Mr. Gordon, 
in his usual quaint and unadorned manner, as follows, 

" The Massachusetts assembly had hit upona wise and quietmode of seeking redress, before ev- 
er they could be acquainted with what had been done in Virginia. It was projected and brought on 
by Messrs. Otis, father and son. They were visiting at James Warrens'" s, esq. of Plymouth, a 
son and brother-in-law, he having married Miss Otis. The state of publick affairs, and how to get 
>id of the burdens coming upon the colonies, were the subjects of conversation. Congresses had 
often been held, and though there was no precedent of any one's being called, but at the instance 
<jf persons authorised or employed by the ministry, excepting the first congress we read of, which, 
was proposed by the Massachusetts general court in 1690; yet no reasonable objection could be 
made against holding one upon the present emergency, notwithstanding it might want the sanction 
of administration. — It was agreed to forward the meeting of a congress, as a proper method for ob- 
taining the removal of American grievances. The matter was moved in the house of assembly ; 
\June 6.3 the consequence was, an agreement that 'It is highly expedient there should be a meet- 
ing, as soon as may be, of committees from the houses of representatives or burgesses in the seve- 
ral colonies, to consult on the present circumstances of the colonies, and the difficulties to which 
they are and must be reduced, and to consider of a general address — to be held at New York, the 
first Tuesday of October.' Within two days, a letter was dratted to be sent to the several speak- 
ers; and at the close of a fortnight, James Otis,]an. Oliver Partridge, and Timothy Jiuggles, 
esqrs. were chosen the committee for Massachusetts. The governor in his account to the lords of 
trade, said, 'It was impossible to oppose this measure to any good purpose; and therefore the 

(1) " He lived to see, but no t fully to enjoy the independence of America, an event towards 
-widen his efforts had. greatly contributed. At length, on the twenty third of May 1783, as he 
was leaning on his cane at the door of Mr. Osgood's house in Andover, he was struck by a flash 
of lightning ; his soul was instantly liberated from its shattered tenement, and sent into eternity. 
President Adams, then minister in Fra?ice, wrote respecting him, ' it was with very afflicting 
sentiments I learned the death of Mr. Otis, my worthy master. Extraordinary in death as 111 
life, he has left a character that will never die, while the memory of the American revolution re- 
mains ; whose foundation he laid with an energy, and with those masterly abilities, which no 
other man possessed.' He was highly distinguished by genius, eloquence, arid learning, and no 
American perluips had possessed more extensive information. Besides his legal and political 
knowledge, he was a complete muster of classical literature. He published rudiments of Latin 
prosody, with a dissertation on letters, and the power of harmony inpoetick and prosaick compo- 
sition, \1mo, lrCO, which has been considered the most clear and masterly treatise on the subject; 
vindication of the conduct of the house of represetitatives of Massachusetts, 1762,- the rights of 
the British colonies asserted, 1764; Considerations on behalf of the colonists, 1765." JlUeiis 
Jiinq: f} w . 



210 [1775, Maj-.J HISTORICAL NOTES, &c, 



A PPENDIX— Part 1st.— Miscellaneous. 

friends of government took the lead in it, and have kept it in their hands. Two of the three 
chosen are fast friends to government, prudent and discreet men, such as I am assured will never 
consent to any improper applications, to the government of Great Britain." Gordon. 

Thus it would appear, that in the same week the assembly of Virginia was dissolved by It. gov. 
Fauquier, for resolutions against the stamp act; Massachusetts, without any concert or knowledge 
of proceedings there, took the decisive step of calling a congress, to meet in a short lime at New 
York. 

The congress did meet, at the time and place appointed ; and drew up a declaration of rights''' 
arid grievances: ^.petition to the king, and a memorial to each house of parliament. 

The declaration of rights and grievances will be found at large, p. 23 — but not having then 
before me, the petition, and memorials, or the names of the members; I shall insert here, ex- 
tracts of the most material parts of those to the king and commons, and annex the names of the 
delegates. 

In their petition to the king, they say, 

"The continuation of these liberties to the inhabitants of America we ardently implore, as abso- j 
solutely necessary to unite the several parts of your wide extended dominions, in that harmony so 
essential to the preservation and happiness of the whole. Protected in these liberties, the emolu- 
ments Great Britain receives from us, however great at present, are inconsiderable, compared 
with those she has the fairest prospect of acquiring. By this protection she will forever secure to 
herself the advantage of conveying to all Europe, the merchandises which America furnishes, and 
of supplying through the same channel whatever is wanted from thence. Here opens & boundless 
source of wealth and naval strength ; yet these immense advantages, by the abridgment of those 
invaluable rights and liberties, by which our growth has been nourished, are in danger of being 
forever lost; and our subordinate legislatures in effect rendered useless, by the late acts of parlia- 
ment imposing taxes on these colonies, and extending the jurisdiction of the court of admiralty 
here, beyond its ancient limits ; statutes by which your majesty's commons in Britain, undertake 
absolutely to dispose of the property of their fellow subjects in America, without their consent — 
and for the enforcing whereof, they are subjected tOjthe determination of a single judge, in a court jj 
unrestrained by the wise rules of the common law, the birthright of Englishmen, and the safeguard i 
of their persons and properties. |j 

"The invaluable rights of taxing ourselves, and trial by our peers, of which we implore your • 
majesty's protection, are not, we most humbly conceive, unconstitutional ; but confirmed by the 
great charter of English liberty. On the first of these rights, the honourable the house of com- 
mons found their practice of originating money bills, a right enjoyed by the kingdom of Ireland ; [ 
by the clergy of England, until relinquished by themselves ; a right, in fine, which all other your I 
majesty's English subjects, both within and without the realm, have hitherto enjoyed. 

"With hearts, therefore, impressed with the most indelible character of gratitude to your ma- ! 
jesty, and to the memory of the kings of your illustrious house, whose reigns have been signally 
distinguished by their auspicious influence on the prosperity of the British dominions, and con- 
vinced by the most affecting proofs of your majesty's paternal love to all your people, however 
distant, and your unceasing and benevolent desires to promote their happiness ; we most hum- 
bly beseech your majesty, that you will be graciously pleased to take into your royal conside- 
ration, the distresses "of your faithful subjects on this continent, to lay the same before your , 
majesty's parliament, and to afford them such relief, as in your royal wisdom their unhappy cir- 
cumstances shall be judged to require." 

Their petition to the commons "embraces a wider range, and dwells with greater force and 
minuteness upon the several grounds of dispute. It states, * That the several late acts of parlia- 
ment, imposing divers duties and taxes on the colonies, and laying the trade and commerce there- 
of under very burdensome restrictions, but above all the act for granting and applying certain 
stamp duties, &c. in America, have filled them with the deepest concern and surprise; and they 
humbly conceive the execution of them, will be attended with consequences very injurious to the 
commercial interest of Great Britain and her colonies, and must terminate in the eventual ruin 
of the latter. 

"'We most sincerely recognise,' said they, 'our allegiance to the crown, and acknowledge 
all due subordination to the parliament of Great Britain, and shall always retain the most grateful 
sense of their assistance and protection. It is from and under the English constitution we de- 
rive all our civil and religious rights and liberties ; we glory in being subjects of the best of kings, 
and having been born under the most perfect form of government ; but it is with most ineffable and 
humiliating sorrow, that we find ourselves, of late, deprived of the right of granting our own 
property for his majesty's service, to which our lives and fortunes are entirely devoted, and to 
which, on his royal requisitions, we have ever been ready to contribute to the utmost of our 
abilities. 

" ' We have also the misfortune to find, that all the penalties and forfeitures mentioned in the 
stamp act, and in divers late acts of trade extending to the plantations, are, at the election of the 
informer, recoverable in any court of admiralty in America. This, as the newly erected court of 
admiralty, has a general jurisdiction over all British America, renders his majesty's subjects in 
these colonies, liable to be carried, at an immense expense, from one end of the continent to (be 
other. 



[1775, May.] HISTORICAL NOTES, &fc> 211 



APPENDIX— Part 1st.— Miscellaneous. 

« «it gives us also great pain to see a manifest distinction made therein, between the subjects of 
our mother country and those in the colonies, in that the like penalties and forfeitures recoverable 
there, only in his majesty's court of record, are made cognizable here by a court of admiralty ; by 
these means we seem to be, in effect, unhappily deprived of two privileges essential to freedom, 
1 and which all Englishmen have ever considered as their best birthrights, that of being free from all 
I taxes, but such as they have consented to in person or by their representatives, and of trial by 
| their peers. 

; « ' Your petitioners further show, that the remote situation, and other circumstances of the 
colonies, render it impracticable that they should be represented but in their respective subordi- 
I nate legislatures; and they humbly conceive that the parliament, adhering strictly to the principles 
of the constitution, have never hitherto taxed any but those who were actually therein represent- 
j ed ; for this reason, we humbly apprehend, they never have taxed Ireland, or any of the subjects 
I without the realm. 

| " ' But were it ever so clear, that the colonies might in law be reasonably deemed to be repre- 
sented in the honourable house of commons, yet we conceive that very good reasons, from incon- 
I venience, from the principles of true policy, and from the spirit of the British constitution, may 
! be adduced to show, that it would be for the real interest of Great Britain, as well as her colonies, 
j that the late regulations should be rescinded, and the several acts of parliament imposing dutiesand 
i taxes on the colonies, and extending the jurisdiction of the courts of admiralty here, beyond their 
j ancient limits, should be repealed. 

" ' We shall net attempt a minute detail of all the reasons, which the wisdom of the honourable 
| house may suggest on this occasion, but would humbly submit the following particulars to their 
1 consideration. 

'"That money is already become very scarce in these colonies, and is still decreasing by the 
necessary exportation of specie from the continent, for the discharge of our debts to British 
| merchants. 

" ' That an immensely heavy debt is yet due from the colonies for British manufactures, and 
that they are still heavily burdened with taxes to discharge the arrearages due for aids granted by 
j them in the late war. 

"'That the balance of trade will ever be much against the colonies, and in favour of Great 
i Britain, whilst we consume her manufactures, the demand for which must ever increase in pro- 
portion to the number of inhabitants settled here, with the means of purchasing them. We there- 
fore humbly conceive it to be the interest of Great Britain to increase, rather than diminish, 
, those means, as the profits of all the trade of the colonies ultimately centre there, to pay for her 
j manufactures, as we are not allowed to purchase elsewhere ; and by the consumption of which, at 
the advanced prices the British taxes oblige the makers and venders to set on them, we eventually 
contribute very largely to the revenue of the crown. 

" 'That from the nature of American business, the multiplicity of suits and papers used in mat- 
ters of small value, in a country were freeholds are so minutely divided, and property so frequeutly 
transferred, a stamp duty must ever be very burdensome and unequal. 

"'That it is extremely improbable that the honourable house of commons should, at all times, 
lie thoroughly acquainted with our condition, and all facts requisite to a just and equal taxation of 
the colonies. 

" ' It is also humbly submitted, whether there be not a material distinction in reason and sound 
policy, at least, between the necessary exercise of parliamentary jurisdiction in general acts, for the 
amendment of the common law, and the regulation of trade and commerce through the whole 
empire, and the exercise of that jurisdiction, by imposing taxes on the colonies. 

"'That the several subordinate provincial legislatures have been moulded into forms, as nearly 
resembling that of their mother country, as by his majesty's royal predecessors was thought conve- 
nient ; and their legislatures seem to have been wisely and graciously established, that the subjects 
in the colonies might, under the due administration thereof, enjoy the happy fruits of the British 
government, which in their present circumstances, they cannot be so fully and clearly availed of 
any other way ; under these forms of government, we and our ancestors have been born or settled, 
and have had our lives, liberties and properties protected. The people here, as every where else, 
retain a great fondness for their old customs and usages, and we trust that his majesty's service 
and the interest of the nation, so far from being obstructed, have been vastly promoted by the pro- 
vincial legislatures. 

" ' That we esteem our connexions with, and dependance on Great Britain, as one of our great- 
i est blessings, and apprehend that the latter will appear to be sufficiently secure, when it is consi- 
j tiered that the inhabitants in the colonies, have the most unbounded affection for his majesty's per- 
i son, family and government, as well as for the mother country ; and that their subordination to the 
I parliament is universally acknowledged. 

"'We therefore most humbly entreat, that the honourable house would be pleased to hear our 
! counsel in support of this petition, and take our distressed and deplorable case into their serious 
I consideration, and that the acts and clauses of acts, so grievously restraining our trade and com- 
merce, imposing duties and taxes on our property, and extending the jurisdiction of the court of 
admiralty beyond its ancient limits, may be repealed ; or that the honourable house would otherwise 
relieve your petitioners, as in your great wisdom and goodness shall seem meet." Burk. 



S12 [1775, May.] HISTORICAL NOTES, &c. 



A PPENDIX— Part 1 st.— Miscellaneous. 

"The names of the gentlemen delegated to meet at New York, in one thousand seven hundred 
and sixty five, on occasion of the stamp act: viz. 

_ • - , ,- , ■'_. ., , C James Otis, Oliver Partridge, 

From the province of the Massachusetts baxj. J Timothy R ug gi es , Esqrs. 

From the colony of Rhode Island and Provi- ? M etcalf Bowler, Hemy Ward, i^re. 
dence Plantations. 3 - • > * 

„ ,"■'' r-n 4- , CEIiphalet Dyer, David Rowland, 

From the colony of Connecticut. - - - . - £ Wi l 1Uam Samue ', Johnsonj Esgrs , 

^-Robert R. Livingston, John Cruger, 
From the colony ofJ\ r etu York. - - - - A Philip Livingston, William Bayard, 

C. Leonard Lispenard, Esqrs. 

_ j7 , - A - r .. C Robert Ogden, Hendriek Fisher, 

From the colony of JVew Jersey. - - - - £ Joseph Borden, £«gre. 

_ . „ . •",« , . CJchn Dickinson, John Morton, 

From the province of Pennsylvania. - - £ George Bryan, £s ? rs. 

From the government of the counties ofjYew- ^^ Rod Thomas M c K ean. 1%^ 
castle, Kent, and Sussex, on the Delaxvare. 3 ? 

~ x , , /. „« 7* , C William Murdock, Edward Tilghman, 

IVom the provmce of Maryland. - - ' - \ Thomas Ringold, 2^™ 

r, ,, . . ,«,,/! ,. „ , n C Thomas Lynch, Christopher Gadsden, 
From the province of South Carolina. (1) £ John Rutledge, Esqrs. 

" Mr. Lynch, Mr. Otis, and Mr. M'Kean, were the committee chosen to prepare the petition t© 
the house of commons". Warren. 

This is generally denominated the first " Colonial congress." That which met Sep. 5, 1774* i 
at Philadelphia, the first " Continental congress." 



No. 4. Stamp act 1765. p. 18, et seq. 

George Grenville came into office as first commissioner of the treasury, and prime minister, 
upon the rtsignation of the earl of Bute, in Jlp. 1763 ; a few weeks after the peace with France 
and Spain, \_Feb. 12,1763.] 

A 9 years war in America and Europe, the most obstinate, bloody and expensive, reeorded in 
Brnish history, had left the nation deeply involved in debt; although in point of military glory, ex- 
tensive conquests, and humiliation of her enemies, Great Britain was elevated to the highest sum- 
mits of fame and power. 

Pressed however, with such an enormous debt, a general opinion prevailed, and especially with 
the landed gentry, (possessing a most powerful weight in parliament,) that the colonies, ought to 
hear their part : It was alledged, they had derived the greatest possible benefits by the expulsion 
of the French and Spaniards, their inveterate foes, from every inch of ground in America, be- 
tween the St. Lawrence and Mississippi. 

Tl.Mt ihey were in consequence, forever safe, from the terrible calamities of savage warfare, 
to which they had been constantly exposed for more than a century, through the instigations of the 
French in Canada, and the Spaniards in Florida : In short, that it was a debt incurred for the com- 
mon security and prosperity of the empire, and should be proportion ably borne. 

To all this it was answered, that America being the seat of war, had suffered infinitely more 
than Britain ; that in fact it was a British war, for the preservation of her invaluable colonies, as 
integral parts of her empire. 

That property in immense regions of unsettled territory, had been acquired by joint efforts, the 
very salt, of which, might in time defray the whole national expenditure; in all which the colo- 
nies had no share. 

Another answer to the claim was, that Great Britain, received a ten fold compensation, by the 
indirect contributions levied on America, from the advantages which she derived from her system 
of commercial restrictions and laws of navigation and trade, operating as a perpetual growing, and 
immense revenue to England— for which the colonies received but little or no equivalent. 

Beside a constitutional and insuperable objection remained ; taxes could not be levied without 
consent of the colonies, in a British parliament, as this would be nothing short of holding all their 
property, at the disposal of a foreign and interested government, and evidently reducing them to a 
condition of shame and vassallage ; If just that they should contribute, it ought to be on " requisi- 
tion," as was always the practice, the constitutional right of consent by their representatives, might 
thus be preserved. 

(1) New Hampshire declined to send members.- Virginia and North Carolina, sent none, their 
assemblies not being in session to appoint. 



'{1775, May.] HISTORICAL NOTES, &c. 214 



APPENDIX— Part 1st.— Miscellaneous. 

It has been seen, that in Mar. 1764, less than a year after Mr. Grenville came into office, he 
brought the question before the house of commons, who unanimously affirmed the right ol parlia- 
ment to tax America ; and that it ought to be done. — See p. 16. 

In consequence of ciiis, the 1st act was passed Ap. 5, called the "sugar act." 9 Stats. 152.4 Geo. 
5. c. 15. — Then the stamp act, Mar. 22, 1765, p. 18. — Then the "glass, paper, and tea act" &c. 
June 29, 1767, p. 27, — with all their accompanying and oppressive regulations and consequences. 

One object of this note is, to put the reader in possession of the names and offices, of the principal 
mitiisters of state in England, so often mentioned in American affairs. 

The elder Urn. Pitt, became one of the secretaries of state and prime minister, under Geo. 2d, 
in the autumn of 1757, at the time when the war which commenced in 1754, raged throughout 
America, and groat part of Europe ; when the British arms were in all quarters unsuccessful, and 
the nation in utter despondency. 

It is known how his vigorous mind and talents, changed this state of thing- : — But just before the 
peace, which promised unrivaled honours to himself, and gave to his country such vast pre-emi- 
nence over all nations, he suddenly resigned in disgust. This was Oct. 5, 1761, — within a year 
from the death of Geo. 2, who died Oct. 25, 1760. 

Pitt refused a title, but accepted a pension of 30001. a year, and the creation of his wife to be a 
baroness ; willing that a title should descend to his heirs. However, his seat in the house of com- 
mons continued. On his resignation, [Oct. 1/61] the earls of Bute and Egremont, became se- 
cretaries of state; under the administration of the duke of Newcastle, first commissioner of the 
treasury, and prime minister. 

In May, 1762, the duke of Newcastle resigned, and lord Bute was placed at the head of the 
treasury ; and prime minister. 

Bute, resigned Ap. 1763, immediately after the conclusion of the peace : and by his advice, the 
honourable Geo. Grenville became first commissioner of the treasury, and prime minister ; the 
earls of Egremont, and Halifax, secretaries of state. 

Mr. Grenville, had but just succeeded in carrying through the stamp act, when at the sup- 
posed instance of lord Bute, (who is always represented as standing behind the throne,) a new 
administration was formed, July 10, 1765, the marquis of Rockingham first commissioner of the 
treasury, and prime minister ; gen. Conway, and the duke of Grafton, secretaries of state. 

They were decidedly opposed to the stamp act, gen. Conway had voted against its passage 
in the house of commons ; and upon the ground that the parliament of England, could not of right 
tax America. 

The act was repealed with great reluctance on the part of the king, Mar. 19, 1766, — before it 
had been 5 months in operation, for it was not to go into effect until Nov. 1, 1765.— 8 months 
after passing it. 

The Rockingham administration was split to pieces soon after the repeal of this act; — and in 
the summer of 1706, the duke of Grafton, was named successor to the marquis of Rocking' 
ham ; the earl of Shelburne and gen. Conway secretaries of state ; Charles Townshend, chancel- 
lor of the exchequer ; he succeeded Mr. Dowdeswell. 

This administration was formed by the advice of Mr. Pitt ; — he at this time accepted the tftle 
of lord Chatham, and took his seat in the house of peers, with the office of keeper of the privy 
seal : lord Camden was appointed chancellor. 

Ld. Chatham, though not the first minister, was looked upon as directing the affairs of the cabinet: 
The gout and other infirmities, with conflicting opinions and views, prevented his exercising mucht 
control. The very ensuing year, [1767] the plan of taxing America was revived, and brought 
forward by Charles Townshend and others; although lord Chatham was then, and always had been, 
opposed to colonial taxes, he was unable to arrest this disastrous measure ; and indeed, prevented 
by sickness from attendance in the house of lords. Late in 1768, disgusted and broken down by 
infirmities of body and mind, he resigned his office of privy seal, and retired for 2 years into the 
country, and lived in privacy : unexpectedly however, he recovered his health and vigor of in- 
tellect, and came forward again in the beginning of 1770, upon the theatre of publick affairs in 
parliament ; took a most distinguished part against ministers in the affair of Wilkes, and in their 
future measures against the colonies. 

As before observed, Charles Townshend, the chancellor of the exchequer, carried through the 
"glass, paper, and tea bill," in June, 1767, it proved eventually, the rock on which the colonial 
power of Great Britain, was beat to pieces. 
The projector did not live to witness the fruits of it, as he died in Sep. within 3 months after its 



Lord North succeeded Townshend, as chancellor of the exchequer in Sep. 1767. 

In Jan. 1770, the duke of Grafton, premier, resigned, and lord North became first commis- 
sioner of the treasury, and prime minister; and March 5, 1770, brought in the bill to repeal the 
"glass, paper, and tea act," of 1767, with the exception of tea ; and it was repealed accordingly, 
1770, Ap. 12. Lord Camden had been dismissed from office before the duke of Grafton retired. 

Lord North, in June, 1773, revived the system of taxation, in the manner mentioned in these 
notes, by attempting to enforce the tea duty under the act of 1767. He continued in office until 
March, in 1782. It is not necessary here to carry this summary further; or i' more detail ife 
inspect of the subordinate ministers ; changes occurred, but they co-operated with Id. North. 

27 



B14 [1775, May.} HISTORICAL NOTES, &c 



APPENDIX— Part 1st.— Miscellaneous. 

The reader by adverting to this official deduction occasionally, (which is the reason for introdu- 
cing ">) w '" better comprehend allusions to individuals who are spoken of in these notes, be- 
tween 176* and May, 1775 ; to which the history is now brought. 

I revert to the stump act; which was repealed, under the Rockingham administration, March 
19, 1766. (1) Doubtless this in some degree may be attributed to the apposition in America : 
But the measure had been resolved upon, by that ministry which succeeded Mr. Grenville's, 
1765, July 10. This resolution was before any account had been received in England, relative 
to the temper and scenes which were exhibited in the colonies, in the summer and autumn of 
1765. What follows, relates to transactions in parliament connected with the repeal. 

In Jan. 1766, when parliament met, the subject of American aflairs immediately came up in the 
house of commons ; upon the address to the king in Jan. and on the bringing in the bill by ministers 
to repeal, [Feb. 22. 3 animated and continued debates took place, upon the right to tax the colo- 
nies in a British parliament; and upon the policy of continuing the stamp act. 

Mr. Pitt, who had been out of office from 1761. — Gen. Conway, one of the secretaries of 
state, who moved the repeal, Mr. Burke and others, supported it in the commons : the two 
first, upon the principle that parliament could not of right, legislate over the colonies in laying 
taxes ; Mr. Burke on its impolicy ; Geo. Grenville the ex-minister, of course opposed ministers, 
who anxiously favoured the repeal ; lie supported both the right and the policy of the act, and 
defended his plan of taxing the colonies. 

In the house of peers, lord Mansfield maintained the right, but reprobated the original expe- 
diency of the act ; yet thought it should be enforced, since the Americans denied the right ; and 
their opposition proceeding on this ground, Great Britain could not yield without relinquishing 
her supremacy. 

Lord Camden maintained, that the bill ought to be repealed, upon principles both of right and 
policy ; it is his argument which is adverted to by lord Mansfield, below. 

As these great questions, underwent at that period \_Jan. and Feb. 1766.1 a full discussion in par- 
liament, and agitated the whole British empire ; I have in this place given the speech of lord 
Mansfield m the house of peers, and Mr. Pitfs in the commons, as containing the substance of 
the arguments on both sides of the question, in the British legislature. They will serve also as a 
key, to many incidental allusions in the account I have given of the stamp act, and other parliamen- 
tary measures. 

Volumes could be filled with celebrated speeches, pamphlets, and resolves, which this short 
lived act gave birth to, on both sides of the ocean. These are selected, as at least, most dis- 
tinguished in Westminster hall, by the celebrity of the speakers ; and that of Mr. Pitt in particu- 
lar, as being so often made the subject of encomium in America. I avail myself of Dr. Chapman's \ 
introductions to these two speeches. 

To Ld. Mansfield's he prefixes the following. 

" The Rockingham administration were scarcely established in office, when the disturbances ex- 
cited throughout the American dependencies, by the passage of the stamp act at the preceding 
session, were pressed on their attention. Discussions, warm, animated, and frequent, arose im- 
mediately after the meeting of parliament, between the late and present ministry, upon the diffi- 
cult question of the right, as well as the expediency of taxing the colonies. 

In one of these debates, the earl of Mansfield delivered his sentiments on the right of taxation, 
separated entirely from the consideration of expediency. This speech, we are authorized to state, 
was carefully corrected for the press by his lordship, and is therefore a genuine specimen of his 
eloquence. We are led to preserve it not less on that account, than as containing the most plausi- 
ble and argumentative defence of the side of the question it adopts, that it has ever received. 

The ministry, it is known, pursued a middle course, expecting by it to be able to heal the 
■wounded pride of the Americans, while they maintained the supremacy of the mother country. 
They repealed the obnoxious bill, but at the same time passed a declaratory act, asserting the 
right and power of Great Britain, to bind the colonies in all cases whatever. Their fine wrought 
project of conciliation succeeded for a few years ; the colonists then discovered, that though re- 
lieved of the actual burden of taxation, the abstract right continued with the parent state, and 
from an apprehension of a future practical assertion of it, became exceedingly discontented, till 
finally, the assembly of Massachusetts by a formal resolution, voted the declaratory act to be a 
grievance. This measure of the colonial legislature, may be considered as among the primary 
links of the chain of events, which terminated in the disunion of the British empire." 

(1) Dec. 5. ensuing, a bill passed in Massachusetts for indemnifying the sufferers in the riots, 
occasioned by the stamp act, — also a free and general pardon, to the offenders in the late times; 
It was disallowed by the king, on account of the assembly's having incorporated in it, an act of 
pardon without his majesty" s previous consent: The sufferers however received the compensation, 
and the o fenders were not prosecuted: The damages paid, were to Mr. Hutchinson, ch. just, 
and It gov. 2396/. 3s id. 1-2, Mr. A. Oliver 129/. 3s. Mr. Hallowell 289/. Qs. Id. 1-2, Mr. Story 
50/ 1 1 y. 6rf- 3-4, sterling money. Canada, JVova Scotia, and the W. Jnd. Islands, &s. pretty 
quietly submitted t» the act. 



£1775, May.l HISTORICAL NOTES, &c. 213 

APPENDIX— Part. 1st.— Miscellaneous. 
LORD MANSFIELD'S SPEECH, 

IN THE HOUSE OF LORDS, FEBRUARY THE THIRD, 1766, ON THE RI&HT OF TAXING AMERICA. 
MI 10RDS, 

I shall speak to the question strictly as a matter of right ; for, it is a proposition in its nature so 
perfectly distinct from the expediency of the tax, that it must necessarily be taken separate, if 
there is any true logick in the world ; but of the expediency or inexpediency, I will say nothing. 
It will be time enough to speak upon that subject, when it comes to be a question. 

I shall also speak to the distinctions whieh have been taken, without any real difference, as to 
the nature of the tax ; and I shall point out lastly the necessity there will be, of exerting the force 
wfthe superiour authority of government, if opposed by the subordinate part of it. 

I am extremely sorry that the question has ever become necessary to be agitated, and that 
there should be a decision upon it. No one in this house will live long enough to see an end" 
put to the mischief, which will be the result of the doctrine which has been inculcated : but the 
arrow is shot, and the wound already given. I shall certainly avoid personal reflections : no one 
has had more cast upon him than myself; but I never was biassed by any consideration of ap- 
plause from without, in the discharge of my publick duty ; and in giving my sentiments accord- 
ing to what I thought law, I have relied upon my own consciousness. It is with great pleasure I 
have heard the noble lord, who moved for the resolution, (1) express himself in so manly and sen- 
sible a way, when he recommended a dispassionate debate, while, at the same time, he urged the 
necessity of the house coming to sttch a resolution, with great dignity and propriety of argument. 

I shall endeavour to clear away from the question, all that mass of dissertation and learning, 
displayed in arguments which have been fetched from speculative men who have written upon the 
subject of government, or froiu ancient records, as being little to the purpose. 1 shall insist that 
these records are no proofs of our present constitution. A noble lord has taken up his argu- 
ment, from the settlement of the constitution at the revolution : I shall take up ,my argument 
from the constiution as it now is. The constitution of this country has been always in a moving 
state, either gaining or losing something : and with respect to the modes of taxation, when we get 
beyond the reign of Edward the first, or of king John, we are all in doubt and obscurity. The his- 
tory of those times is full of uncertainties. In regard to the writs upon record, they were issued 
some of them according to law, and some not according to law ; and such were those concerning 
ship money, to call assemblies to tax themselves, or to compel benevolences. Other taxes were 
raised from escuage, fees for knights service, and by other means arising out of the feudal system. 
Benevolences are contrary to law; and it is well known how people resisted the demands of the 
crown in the case of ship money, and were persecuted by the court; and, if any set of men were 
to meet now to lend the king money, it would be contrary to law, and a breach of the rights of 
parliament. I shall answer the noble lord particularly upon the cases he has quoted. 

" With respect to the Marches of Wales, who were the borderers, privileged for assisting the 
king in his war against the Welsh in the mountains; their enjoying this privilege of taxing them- 
selves was but of short duration, and during the life of Edward the First, till the prince of Wales 
came to be the king ; and then they were annexed to the crown, and became subject to taxes like 
the rest of the dominions of England, and from thence came the custom, though unnecessary, of 
naming Wales and the town of Monmouth in all proclamations, and in acts of parliament. Henry 
the Eighth was the first, who issued writs for it to return two members to parliament The crown 
exercised this right ad libitum, from whence arises the inequality of representation in our consti- 
tution at this day. Henry VIII, issued a writ to Calais to send one burgess to parliament. One of 
the counties Palatine, (I think he said Durham) was taxed fifty years to subsidies before it sent 
members to parliament. The clergy were at no time unrepresented in parliament. When they 
taxed themselves, it was done with the concurrence and consent of parliament, who permitted 
them to tax themselves upon their petition, the convocation sitting at the same time with the par- 
liament: they had too their representatives always sitting in this house, bishops and abbots; and in 
the other house they were at no time, without a right of voting singly for the election of members ; 
so that the argument, fetched from the ease of the clergy, is not au argument of any force, because 
<3vey were at no Suae unrepresented here. 

(1) To repent 



216 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— Miscellaneous. {Mansfield's Speech.) 

"The reasoning about the colonies of Great Britain, drawn from the colonies of antiquity, is at J 
jnere useless display of learning ; for, the colonies of the Tyrians in Africa, and of the Greeks in L 
Asia, were totally different from our system. No nation before ourselves formed any regular 
system of colonization, but the Romans ; and their system was a military one, and of garrisons I 
placed in the principal towns ot the conquered provinces. The states of Holland were not colo- L 
nie» of Spain ; but they were states dependent upon the house of Austria in a feudal dependence. ! 
Nothing could be more different from our colonies than that flock of men, as they have been called, 1 
who came from the North, and poured into Europe. These emigrants renounced all laws, all I'l 
protection, all connexion with their mother countries : they chose their leaders, and marched Li 
under their banners to seek their fortunes and establish new kingdoms, upon the ruins of the Roman it] 
empire ; whereas our colonies, on the contrary, emigrated under the sanction of the crown and ji' 
parliament. They were modelled gradually into their present forms, respectively, by charters, ' il 
grants, and statutes ; but they were never separated from the mother country, or so emancipated '\ 
as to become sui juris. There are several sorts of colonies in British America. The charter l;|j 
colonies, the proprietary governments, and the king's colonies, The first colonies were the char- !<| 
ter colonies, such as the Virginia company; and these companies had among their directors, h 
members of the privy council and of both houses of parliament ; they were under the authority of il 
the privy council, and had agents resident here, responsible for their proceedings. So much were 
they considered as belonging to the crown, and not to the king personally, (tor there is a great dif- 
ference, though few people attend to it) that when the two houses, in the time of Charles the First, 
were going to pass a bill concerning the colonies, a message was sent to them by the king, that j 
they were the king's colonies, and that the bill was unnecessary, for that the privy council would -M 
take order about them; and the bill never had the royal assent. The commonwealth parliament, 'M 
as soon as it was settled, were very early jealous of the colonies separating themselves from them, i:H 
aud passed a resolution or act, and it is a question whether it is not in force now, to declare and 
establish the authority of England over its colonies. But if there was no express law, or reason, 
founded upon any necessary inference from an express law, yet the usage alone would be sufficient 
to support that authority : for, have not the colonies submitted ever since their first establishment I 
to the jurisdiction of the mother country ? In all questions of property, the appeals from the colo- 
nies have been to the privy council here, and such causes have been determined, not by the law of 
the colonies, but by the law of England. A very little while ago, there was an appeal on a ques- 
tion of limitation, in a devise of land with remainders; and, notwithstanding the intention of the 
testator appeared very clear, yet the case was determined contrary to it, and that the land should 
pass according to the law of England. The colonies have been obliged to recur very frequently to 
the jurisdiction here, to settle the disputes among their own governments. I well remember seve- t 
ral references on this head, when the late lord Hardwicke was attorney general, and sir Clement 
Wearg solicitor general. New Hampshire and Connecticut were in blood about their differences : 
Virginia aud Maryland were in arms against each other. This shows the necessity of one superi- 
our decisive jurisdiction, to which all subordinate jurisdictions may recur. Nothing, my lords 
could be more fatal to the peace of the colonies at any time, than the parliament giving up its an- i 
thority over them ; for in such a case there must be an entire dissolution of government. Consi- 
dering how the colonies are composed, it is easy to foresee there would be no end of feuds and 
factions among the several separate governments, when once there shall be no one government 
here or there, of sufficient force or authority to decide their mutual differences ; and, government 
being dissolved, nothing remains but that the colonies must either change their constitution, and 
take some new form of government, or fall under some foreign power. At present, the several 
forms of their constitution are very various, having been produced, as all governments have been 
originally, by accident and circumstances. The forms of government in every colony were adapt- 
ed, from time to time, according to the size of the colony ; and so have been extended again, from 
time to time, as the numbers of their inhabitants and their commercial connexions outgrew the 
first model. In some colonies, at first there was only a governour assisted by two or three coun- 
cil ; then more were added, afterwards courts of justice were erected, then assemblies were crea- 
ted. Some things were done by instructions from the secretaries of state, other things were done 
by order of the king and council, and other things by commissions under the great seal. It is ob,» 
sersable, that in consequence of these establishments from time' to time, and »f the dependency 



[1775, May.] HISTORICAL NOTES, kc. 



APPENDIX— Part 1st — Miscellaneous. (Mansfield's Speech.) 

• of these governments upon the supreme legislature at home, the lenity of each government in the 
colonies has been extreme towards the subject ; and a very great inducement it has been to people 
to come and settle in them. But, if all those governments which are now independent of each 
\ other, should become independent of the mother country, I am afraid that the inhabitants of the 
i colonies are very little aware of the consequences. They would feel in that case very soon, the 
| hand of power more heavy upon them in their own governments, than they have yet done, or have 
! ever imagined. 

i "The constitutions of the different colonies are made up of the different principles, and must 
remain dependent, from the necessity of things, and their relations upon the jurisdiction of the 
i mother country; or they must be totally dismembered from it, and form a league of union among 
!| themselves against it, which could not be effected without great violences. No one ever thought 
J the contrary, till the trumpet of sedition has been blown. Acts of parliament have heen made, 
] not only without a doubt of their legality, but with universal applause, the great object of which 
J has been ultimately to fix the trade of the colonies, so as to centre in the bosom of that country 
from whence they took their original. The navigation act shut up their intercourse with foreign 
I countries. Their ports have been made subject to customs and regulations, which have cramped 
J and diminished their trade. And duties have been laid, affecting the very inmost parts of their 
[ commerce, and, among others, that of the post; yet all these have been submitted to peaceably, 
and no one ever thought till now of this doctrine, that the colonies are not to be taxed, regulated, 
or bound by parliament. A few particular merchants were then, as now, displeased at restrictions, 
which did not permit them to make the greatest possible advantages of their commerce, in their 
own private and peculiar branches; but, though these few merchants might think themselves 
losers in articles which they had no right to gain, as being prejudicial to the general and national 
system, yet I must observe that the colonies, upon the whole, were benefited by these laws; be- 
cause these restrictive laws, founded upon principles of the most solid policy, flung a great weight 
of naval force into the hands of the mother country, which was to protect its colonies, and without 
a union with which the colonies must have been entirely weak and defenceless, but which became 
relatively great, subordinately, and in proportion as the mother country advanced in superiority 
over the rest of the maritime powers in Europe, to which both mutually contributed, and of which 
both have reaped a benefit, equal to the natural and just relation in which they both stand recipro- 
cals, of dependency on one side, and protection on the other. 

"There can be no doubt, my lords, but that the inhabitants of the colonies are as much repre- 
sented in parliament, as the greatest part of the people of England are represented ; among nine 
millions of whom, there are eight which have no votes in electing members of parliament. Every 
objection therefore, to the dependency of the colonies upon parliament, which arises to it upon 
the ground of representation, goes to the whole present constitution of Great Britain ; and I sup- 
pose it is not meant to new model that too. People may form speculative ideas of perfection, and 
indulge their own fancies, or those of other men. Every man in this country has his particular 
notion of liberty ; but perfection never did, and never can, exist in auy human institution. To 
what purpose then are arguments drawn from a distinction, in which there is no real difference, 
of a virtual and actual representation? A member of parliament, chosen for any borough, repre- 
sents not only the constituents and inhabitants of that particular place, but he represents the inhar 
bitants of every other borough in Great Britain. He represents the city of London, and all other 
ihe commons of this land, and the inhabitants of all the colonies and dominions of Great Britain, 
and is, in duty and conscience, bound to take care of their interests. 

"I have mentioned the customs and the post tax. This leads me to answer another distinction, 
as false as the above; the distinction of internal and external taxes. The noble lord, who quoted 
so much law, and denied upon those grounds, the right of the parliament of Great Britain to lay 
internal taxes upon the colonies, allowed at the same time that restrictions upon trade, and duties 
upon the ports, were legal. But I cannot see a real difference in this distinction ; for I hold it to 
he true, that a tax laid in any place is like a pebble, falling into and making a circle in a lake, (ill 
one circle produces and gives motion to another, and the whole circumference is agitated from 
the centre; for, nothing can be more clear than that a tax often or twenty per cent laid upon to- 
baci-o, either in the ports of Virginia or London, is a duty laid upon the inland plantations of ViiM 
^iaia, a hundred Bales from the sea, whcre;sQeve,r (he tobacco grows. 



£18 [177$, May.] HISTORICAL NOTES, ftc, 



AITENDIX— Part Ut— Miscellaneous. (Mansfield's Speech.) 

" I do not deny, but that a tax may be laid injudiciously and injuriously, and that people in such *. 
case may have a right to complain ; but the nature of the tax is not now the question ; whenever itu 
eomes to be one, I am for lenity— I would have no blood drawn. There is, I am satisfied, no oc-| 
oasion for any to be drawn. A little time and experience of the inconveniences and miseries ofi 
anarchy, may bring people to their senses. !' 

" With respect to what has been said or written upon this subject, I differ from the noble iord,i» 
who spoke of Mr. Otis and his book with contempt, though he maintained the same doctrine im 
some points, although in others he carried it further than Otis himself; who allows every where ; 
the supremacy of the crown over the colonies. No man on such a subject is contemptible. Otis! 1 , 
is a man of consequence among the people there. They have chosen him for one of their depu- 
ties at the congress, and general meeting from the respective governments. It was said, the manj 
is mad ; what then ? One madman often makes many, Massaniello was mad. Nobody doubts I;: 
it ; yet, for all that, he overturned the government of Naples. Madness is catching in all popular'; 
assemblies, and apon all popular matters. The book is full of wildness : I never read it till a few j 
days ago, for I seldom look into such things. I never was actually acquainted with the contents of | 
the Stamp Act, till I sent for it on purpose to read it before the debate was expected. With re- 
spect to authorities in another house, I kndw nothing of them. I believe that I have not been in 
that house more than once, since I had the honour to be called up to this: and, if I did know any' 
thing that passed in the other house, I could not and would not mention it as an authority here. 
I ought not to mention any such authority. I should think it beneath my own and your lordships' 
dignity to speak of it. 

"I am far from bearing any ill will to the Americans; they are a very good people, and I have \ 
long known them. I began life with them, and owe much to them, having been much concerned 
in the plantation causes before the privy council, and so I became a good deal acquainted with f 
American affairs and people. I dare say their heat will soon be over, when they come to feel a j 
little the consequences, of their opposition to the legislature. Anarchy always cures itself; but the 
fermentation will continue so much the longer, while hot headed men there find, that there are f 
persons of weight and character to support and justify them here. 

"Indeed, if the disturbances should continue for a great length of time, force must be the con- J 
sequence, an application adequate to the mischief, and arising out of the necessity of the case; for, i 
force is only the difference between a superiour and subordinate jurisdiction. In the former, the 
whole force of the legislature resides collectively, and when it ceases to reside, the whole connexion | 
is dissolved. It will, indeed, be to very little purpose that we sit here enacting laws and making \ 
resolutions, if the inferiour will not obey them, or if we neither can nor dare enforce them ; for j 
then, and then, I say, of necessity, the matter comes to the sword. If the offspring ate grown too ' 
big and too resolute to obey the parent, you must try which is the strongest, and exert all the 
powers of the mother country to decide the contest. 

" I am satisfied, notwithstanding, that time and a wise and steady conduct, may prevent those 
extremities which would be fatal to both. I remember well when it was the violent humour of 
the times, to decry standing armies and garrisons, as dangerous and incompatible with the liberty 
of the subject. Nothing would do but a regular militia. The militia are embodied ; they march, 
and no sooner was the militia law thus put into execution, but it was then said to be an intolerable 
burden upon the subject, and that it would fall, sooner or later, into the hands of the crown. That 
was the language, and many counties petitioned against it. This may be the case with the colo- 
nies. In many places they begin already to feel the effects of their resistance to government 
Interest very soon divides mercantile people ; and although there may be some mad, enthusiastick, 
or ill designing people in the colonies, yet I am convinced that the greatest bulk, who have under- I 
standing and property, are still well affected to the mother country. You have, my lords, manv I 
friends still in the colonies ; and take care that you do not, by abdicating your own authority, de- j 
sertthem and yourselves, and lose them for ever. 

"In all popular tumults, the worst men bear the sway at first. Moderate and good men are 1 
often silent for fear or modesty ; who, in due time, may declare themselves. Those who have any 
property to lose are sufficiently alarmed already, at the progress of these publick violences and i 
violations, to which every man's dwelling, person, and property, are hourly exposed. Numbers of j 



fl775, May.] HISTORICAL NOTES, &c. 219 



APPENDIX— Part Hi.— Miscellaneous. 

ch valuable men and good subjects, are ready and willing to declare themselves for the suppori 
of government in due time, if government does not fling away its own authority; 

" My lords, ^the parliament of Great Britain has its rights over the colonies ; but it may abdicate 
its rights, 

" There was a thing which I forgot to mention. I mean the manuscript quoted by the noble 
lord. He tells you, that it is there said, that, if the act concerning Ireland had passed, the parlia- 
ment might have abdicated its rights as to Ireland. In the first place, 1 heartily wish, my lords, 
that Ireland had not been named, at a time when that country is of a temper and in a situation, so 
difficult to be governed; and when we have already here so much weight upon our hands, encum- 
bered with the extensiveness, variety, and importance, of so many objects in a vast and too busy 
empire; and the national system shattered and exhausted by a long, bloody, and expensive war, 
but more so by our divisions at home, and a fluctuation of coun«ils. I wish Ireland therefore had 
| never been named. 

" I pay as much respect as any man to the memory of lord chief justice Hale: but I did not know 
J that he had ever written upon the subject; and I differ very much from thinking with the noble 
| lord, that this manuscript ought to be published. So far am I from it, that I wish the manuscript 
: had never been named ; for, Ireland is too tender a subject to be touched. The case of Ireland is 
as different as possible from that of our colonies. Ireland was a conquered country ; it had its pacta 
| eonventa, and its regalia. But to what purpose is it to mention the manuscript ? It is but the 
opinion of one man. When it was written, or for what particular object it was written, does not 
appeor. It might possibly be only a work of youth, or an exercise of the understanding, in sound- 
ing and trying a question problematically. All people, when they first enter professions, make 
their collections pretty early in life ; and the manuscript may be of that sort. However, be it what 
it may, the opinion is but problematical ; for, the act to which the writer refers never passed, and 
lord Hale only said, that, if it had passed, the parliament might have abdicated their right. 

" But, my lords, I shall make this application of it You may abdicate your right over the colo- 
nies. Take care, my lords, how you do so ; for, such an act will be irrevocable. Proceed, then, 
my lords, with spirit and firmness; and, when you shall have established your authority, it will then 
be a time to show your lenity. The Americans, as I said before, are a very good people, and I 
wish them exceedingly well ; but they are heated and inflamed. The noble lord who spoke before 
ended with a prayer. I cannot end better than by saying to it, Amen ; and in the words of Maurice 
Prince of Orange concerning the Hollanders, • God bless this industrious, frugal and -well mean- 
ing, but easily deluded people? " 



« In the preceding speech of Earl Mansfield, we have seen the right of taxing the colonies 
maintained, with all the cogency of reasoning and dexterity of argument, which he eminently pos- 
sessed. To exhibit a view of the grounds taken on the opposite side, and the manner of their 
defence, we introduce a speech of the elder Pitt, delivered in the debate on the usual address 
to the throne, at the opening of parliament. 

« We have remarked, in another place, that prior to the year 1770, no authentick example of 

Mr. Pitt's eloquence had been preserved. The discovery of the present speech persuades us that 

we were, at least as relates to it, deceived. There can be little doubt of its genuineness. The 

peculiarities of his style are conspicuously displayed in it. We have, moreover, learnt from a 

source in which we can confide, that it was reported by the Earl ofCharlemont, an accomplished 

I scholar, and an adroit stenographer, that he might communicate to the people of Ireland, who 

I were deeply interested in the subject, the sentiments of Mr. Pitt, on the right of taxing America. 

" It was in this memorable debate that Mr. Burke, for the first time spoke in parliament. 

I His speech was complimented by Mr. Pitt in terms peculiarly gratef il to the ambition of ft 

! young man. After descanting on its general merits, he with perfect truth observed, ' that, 

; Mr. Burke was the only person since the age of Cicero, who united the talent of speaking and 

writing, with irresistable force and elegance.' Chapman. 

THE SPEECH OP WILLIAM PITT, THE ELDER, 

73T THE HOUSE OF COMMONS, JANUARY 16, 1706, ON THE ADDRESS TO THE THRONE, IN WHICH 
THE RIGHT OF TAXING AMERICA IS DISCUSSKB. 

MR. SPEAKER, 

" I came to town but to day. I was a stranger to the tenor of his majesty's speech, and thr 
proposed address, till I heard them read in this hou§e. Unconnected and unconsulted, I have not 



220 [1775$ May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (Pitt's Speech.) 

the means of information. I am fearful of offending through mistake, and therefore beg to be in- 
dulged with a second reading of the proposed address. (1) I commend the king's speech, and ap» I 
prove of the address in answer ; as it decides nothing, every gentleman being left at perfect lib- I. 
erty to take such a part concerning America, as he might afterwards see fit. One word only I j 
cannot approve of, an early, is a word that does not belong to the notice the ministry have given 
to parliament, of the troubles in America. In a matter of such importance, the communication j 
ought to have been immediate. I speak not with respect to parties. I stand up in this place, sin- \ 
gle and independent. As to the late ministry, (2) every capital measure they have taken, has 
been entirely wrong ! 

" As to the. present gentlemen, those at least whom I have in my eye, (3) I have no objection, j 
I have never been made a sacrifice by any of them. Their characters are fair ; and I am always I 
glad, when men of fair character engage in his majesty's service. Some of them did me the hon- i 
our, to ask my opinion before they would engage. These will now do me the justice to own, I 
advised them to doit; but notwithstanding, to be explicit, I cannot give them my confidence. J 
Pardon me, gentlemen, (4) confidence is a plant of slow growth in an aged bosom. Youth is the ( 
season of credulity. By comparing events with each other, reasoning from effects to causes, me- 
thinks 1 plainly discover the traces of an overruling influence. 

« There is a clause in the act of settlement, to oblige every minister to sign his name to the ad« 
vice which he gives to his sovereign. Would it were observed— A have had the honour to serve 
the crown, and if I coukl have submitted to influence, I might have still continued to serve : but 
I would not be responsible for others. I have no local attachments. It is indifferent to me, 
whether a man was rocked in his cradle, on this side or that side of the Tweed. I sought for 
merit wherever it was to be found. It is my boast, that I was the first minister who looked for 1 
it, and I found it, in the mountains of the North : (5) I called it forth, and drew it into your ser- ! 
vice, a hardy and intrepid race of men — men, who, when left by your jealousy, became a prey i 
to the artifices of your enemies, and had gone nigh to have overturned the state, in the war be- 
fore the last. These men, in the last war, were brought to combat on your side ; they served 
with fidelity as they fought with valour, and conquered for you in every part of the world. (6) 
Detested be the national reflections against them ! They are unjust, groundless, illiberal, unmanly. 
When I ceased to serve his majesty as a minister, it was not the country of the man by which I 
was moved — but the man of that country wanted wisdom, and held principles incompatible with 
freedom. (7) 

« It is a long time, Mr. Speaker, since I have attended in parliament. When the resolution was 
taken in this house to tax America, (8) 1 was ill in bed. If I could have endured to have been 
earried in my bed, so great was the agitation of my mind for the consequences, I would have soli- 
cited some kind hand to have laid me down on this floor, to have borne my testimony against 
it ! It is now an act that has passed. I would speak with decency of every act of this house : but 
I must beg the indulgence of the house to speak of it with freedom. 

" I hope a day may be soon appointed, to consider the state of the nation with respect to Amer- 
ica. I hope gentlemen will come to this debate, with all the temper and impartiality that his ma- 
jesty recommends, an:! the importance of the subject requires. A subject of greater importance 
than ever engaged the attention of this house — that subject only excepted, when, near a century 
ago, it was the question, whether you yourselves were to be bound or free. In the mean time, 
as I cannot depend upon my health for any future day, such is the nature of my infirmities, I will 
beg to say a few words at present, leaving the justice, the equity, the policy, the expediency of 
the act, to another time. I will only speak to one point, a point which seems not to have been 
generally understood. I mean to the right. Some gentlemen seem to have considered it as a 
point of honour. If gentlemen consider it in that light, they leave all measures of right and wrong, 
to follow a delusion that may lead to destruction. It is my opinion, that this kingdom has no bight 
to lat a tax UPON the colonies. At the same time, I assert the authority of this kingdom over 
the colonies, to be sovereign and supreme, in every circumstance of government and legislation 

(1) The address being read, Mr. Pitt went on. (2) Turning himself to Mr. Grenvi'c, ex- 
minister s who sat within one of him. (3) Looking at the bench where Mr. Conway sat, withthe 
lords of the treasury. (4) Bowing to the ministry . (5) Highlands. (G) Scotch highlanders.. 
(7) Alluding to lord Bute- (8) By the stamp act. 



[1775, May.] HISTORICAL NOTES, &c Ml 



APPENDIX— Part 1st.— Miscellaneous. (Pitt's Speech.) 

•whatsoever. (I) They are the subjects of this kingdom, equally entitled with yourselves to all the 
natural rights of mankind, and the peculiar privileges of Englishmen. Equally bound by its laws, 
and equally participating of the constitution of this free country. The Americans are the sons, 
not the bastards of England. Taxation is no part of the governing or legislative power.— Th$ 
taxes are a voluntary gift and grant of the commons alone. In legislation, the three estates 
of the realm are alike concerned, but the concurrence of the peers and the cro*n to a tax, is 
only necessary to close with the form of a law. The gift and grant is of the commons alone. la 
ancient days, the crown, the barons, and the clergy, possessed the lands. In those days, the barons 
and the clergy gave and granted to the crown. They gave and granted what was their own. At 
present, since the discovery of America, and other circumstances permitting, the commons are. 
become the proprietors of the land. The church, God bless it, has but a pittance. The property 
of the lords compared with that of the commons, is as a drop of water in the ocean ; and this 
house represents those commons, the proprietors of the lands : and those proprietors virtually 
represent the rest of the inhabitants. When, therefore, in this house we give and grant, we 
give and grant what is our own. But in an American tax, what do we do ? We, your majesty's 
commons for Great Britain give and grant to your majesty, what ? Our own property I No. We 
give and grant to your majesty, the property of your majesty's commons of America. It is an ab- 
surdity in terms. 

" The distinction between legislation, and taxation, is essentially necessary to liberty. The 
crown, the peers, are equally legislative powers with the commons. If taxation be a part of sim- 
ple legislation, the crown, the peers, have rights in taxation as well as yourselves; rights which 
they will claim, which they will exercise, whenever the principle can be supported by power. 

" There is an idea in some, that the colonies are virtually represented, in the house. I would 
fain know by whom, an American is represented here ? Is he represented by any knight of the 
shire, in any county in this kingdom ? Would to God, that respectable representation was aug- 
mented, to a greater number ! Or will you tell him, that he is represented by any representative 
of a borough — a borough which, perhaps, its own representatives never saw. This is what is called 
the rotten part of the constitution. It cannot continue a century. If it does not drop, it msst be 
amputated. The idea of a virtual representation of America in this house, is the most contempti- 
ble idea that ever entered into the head of a man. It does not deserve a serious refutation. 

"The commons of America, represented in their several assemblies, have ever been in pas- 

(1) On the right of imposing taxes, the English principle is clearly stated by sir Wm. Black- 
stone : — It belongs exclusively to the house of commons in England, to propose taxes, because, 
the supplies are raised on the body of the people, and therefore it is proper they alone, (meaning 
the commons who are their representatives,) should have the right of taxing themselves ; This 
principle in some measure authorised the position, laid down by Mr. Pitt, (though treated by his 
opponents, as paradoxical and absurd,) " that taxation was no part of the governing, or legislative 
power in England" • 

/ copy the section from Blackstone here, to elucidate the grozmds and limitations, of this ex- 
clusive right of taxation in the popular branch. 

Some of our constitutions, vest the sole right of originating money bills, in the most numerous 
branch of the legislature; and some of them I believe, deny to the senate, council, or smaller 
branch, even the right of amending a money bill. Questions therefore have been made as to 
what constitutes a money bill; on which there have been differing opinions. As we take this prin- 
ciple from the English constitution, we must look for information on this point, to English ex- 
positions. 

«* V. The peculiar laws and customs of the house of commons, (says Blackstone,) relate princi- 
pally to the raising of taxes, and the elections of members to serve in parliament. 

" First, with regard to taxes: it is the ancient indisputable privilege and right of the house of 
commons, that all grants of subsidies or parliamentary aids, do begin in their house, and are first 
bestowed by them ; although their grants are not effectual to all intents and purposes, until they 
have the assent of the other two branches of the legislature The general reason given for this 
exclusive privilege, of the house of commons, is, that the supplies are raised upon the body of the 
people, and therefore it is proper that they alone should have the right, of taxing themselves. This 
reason would be unanswerable, if the commons taxed none but themselves ; but it is notorious, that 
q very large share of property is in the possession, of the house of lords .- that this property is 
equa ' 7 y taxable, and taxed, as the property of the commons; and therefore the commons not being 
the. sole persons taxed, this cannot be the reason of their having the sole right, of raising and 
modelling tfte supply. The true reason, arising from the spirit of our constitution, seems to be 
tliys ir-the Igrtts being a permanent hereditary body, created at pleasure by fhe king) are supposed 

28 



222 [1775, May.} HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (Pitt's Speech.) 

session of the exercise of this, their constitutional right, of giving and granting their own money. 
They would have been slaves if they had not enjoyed it. At the same time, this kingdom, as 
the supreme governing and legislative power, has always bound the colonies by her laws, by her 
regulations and restrictions in trade, in navigation, in manufactures — in every thing, except that, of 
faking their money out of their pockets, without their consent. 
** Here I would draw the line, 

Qtiam ultra citraque neque consistere rectum; 



" As soon as Mr. Pitt concluded, general Conivay arose, and succinctly avowed his entire 
approbation of that part of his speech, which related to American affairs; but disclaimed al- 
together that " secret overruling influence which had been hinted at" Mr, George Grenville, 
who followed him in the debate, expatiated at large on the tumults and riots which had taken 
place in the colonies, and declared, that they bordered on rebellion. He condemned the lan- 
guage and sentiments which he had heard, as encouraging a revolution. A portion of his speech 
is here inserted, as explanatory of the replication of Mr. Pitt. 

" * I cannot, said Mr. Grenville, understand the difference be.tween external and internal taxes. 
They are the same in effect, and differ only in name. That this kingdom has the sovereign;, 
the supreme legislative power over America, is granted. It cannot be denied ; and taxation is a 
part of that sovereign power. It is one branch of the legislation. It is, it has been exercised, over 
those who are not, who were never represented. It is exercised over the India company, the 
merchants of London, the proprietors of the stocks, and over many great manufacturing towns, 
It was exercised over the county palatine of Chester, and the bishopriok of Durham, before they 
sent any representatives to parliament. I appeal for proof to the preambles of the acts, which 
gave them representatives ; one in the reign of Henry VIII, the other in that of Charles II. Mr. 
Grenville then quoted the acts, and desired that they might be read, which being done, he said : 
' When I proposed to tax America, (1) I asked the house, if any gentleman would object to the 
right ; I repeatedly asked it, and no man would attempt to deny it. Protection and obedience are 
reciprocal. Great Britain protects America ; America is hound to yield obedience. If not, tell me 
when the Americans were emancipated ? When they want the protection of this kingdom, they 
are always very ready to ask it. That protection has always been afforded them, in the most full and 
ample manner. The nation has run herself into an immense debt, to give them their protection; 
and now they are called upon to contribute a small share towards the publick expense, an ex- 
pense arising from themselves, they renounce your authority, insult your officers, and break out, 
I might almost say, into open rebellion. The seditious spirit of the colonies owes its birth, to the 
ftctions in this house. Gentlemen are careless of the consequences of what they say, provided it 
answers the purposes of opposition. We were told we trod on tender ground. We were bid t» 

more liable to be influenced by the crown, and when once influenced, to continue so, than the com- 
mons, who are a temporary elective body, freely nominated by the people. It wmdd therefore be 
extremely dangerous, to give the lords any power, of framing new taxes for t/ie subject; it is suf- 
ficient that they have a power of rejecting, if they think the commons too lavish or improvident m 
their grants. But so reasonably jealous are the commons, of this valuable privilege, that here- 
in they will not suffer the other house to exert any power, but that of rejecting ; they will not 
permit the least alteration or amendment, to be made by the lords, to the mode of taxing the peo- 
ple by a money bill ; under which appellation are included all bills, by which money is directed ts 
he raised upon the subject, for any purpose, or in any shape whatsoever : either for the exigen* 
«'es of government, and collected from the kingdom in general, as the land tax ; or for private 
benefit, and collected in any particidar district, as by turnpikes, parish rates, a?id the like. Yet 
Sir Matthew Hale mentions one case, founded on the practice of parliament in the reign of Henri: 
VI, wherein he thinks the lords may alter a money bill : and that is, if the commons grant a tax, 
as that of tonnage and poundage, for four years, and the lords alter it to a less time, as for two 
years . here, he says, the bill need not be sent back to the commo7is for their concurrence, but 
mav receive the royal assent without farther ceremony / for the alteration of the lords is consist- 
ent with the grant of the commons. But such an experiment will hardly be repeated by the lords, 
■underthe present improved idea of the privilege of the house of commons, and, in any case where 
a money bill is remanded to the honee of cotnmons, all amendments in. the mode of "taxation, are 
sure to be rejected." 1. Black, page 17Q. (1) Mar. 1764. 



|1775, May.] HISTORICAL NOTES, &c 223 



APPENDIX— Part 1st.— -Miscellaneous. {Pitt's Speech.) 

expect disobedience. What was this but telling t?ie Americans to stand out against the law, to 
encourage their obstinacy, with the expectation of support from hence ? Let us only hold out a 
h'ttle, they would say, our friends will soon be in power. Ungrateful people of America ! Boun- 
ties have been extended to them — When I had the honour of serving the crown, while yon 
yourselves were loaded with an enormous debt, you have given bounties on their lumber, o» 
their iron, their hemp, and many other articles. You have relaxed in their favour, the act of 
navigation, that palladium of the British commerce ; and yet I have been abused in all the publick 
papers, as an enemy to the trade of America ! I have been particularly charged with giving or- 
ders and instructions, to prevent the Spanish trade, and thereby stopping the channel by which 
alone, North America used to be supplied with cash, for remittances to this country. I defy any 
man to produce any such orders or instructions. I discouraged no trade but what was illicit* 
what was prohibited by an act of parliament.(l) I desire a West India merchant, well known in 
the city, (2) a gentleman of character, may be examined. He will tell you, that I offered to do 
every thing in my power, to advance the trade of America. I was above giving an answer to 
anonymous calumnies; but in this place, it becomes one to wipe off the aspersion.' 

" Here Mr. Grenville ceased. Several members got up to speak, but Mr. Pitt seeming to rise, 
the house was so clamorous for Mr. Pitt I Mr. Pitt ! that the speaker was obliged to call to 
order. 

" Mr. Pitt said, I do not apprehend I am speaking twice. I did expressly reserve a part of my 
subject, in order to save the time of this house ; but I am compelled to proceed in it. I do not speak 
twice ; I only finish, what I designedly left imperfect. But if the house is of a different opinion, far 
be it from me to indulge a wish of transgression, against order. I am content, if it be your plea- 
sure, to be silent" — Here he paused — The house resounding with Go on / go on ! he pro- 
ceeded : 

« Gentlemen, sir, (3) have been charged, with giving birth to sedition in America. They have 
spoken their sentiments with freedom, against this unhappy act, and that freedom has become theic 
erinie. Sorry I am to hear the liberty of speech in this house, imputed as a crime. But the im- 
putation shall not discourage me. It is a liberty I mean to exercise. No gentleman ought to be 
afraid to exercise it It is a liberty by which the gentleman who calumniates it, might have prof- 
ited. He ought to have desisted from his project. The gentleman tells us, America is obsti- 
nate ; America is almost in open rebellion. I rejoice that America has resisted. Three millions 
of people, so dead to all the feelings of liberty, as voluntarily to submit to be slaves, would have 
been fit instruments, to make slaves of the rest. I come not here armed at all points, with law- 
cases and acts of parliament, with the statute book doubled down in dog's ears, to defend the 
cause of liberty : if I had, I myself would have cited the two cases of Chester and Durham. I 
would have cited them, to have shown that, even under former arbitrary reigns, parliaments were 
ashamed of taxing a people, without their consent ; and allowed them representatives. Why did 
the gentleman confine himself, to Chester and Durham ? He might have taken a higher exam- 
ple in Wales : Wales — that never was taxed by parliament, till it was incorporated. I would not 
debate a particular point of law, with the gentleman ; I know his abilities : I have been obliged to 
his diligent researches. But, for the defence of liberty, upon a general principle, upon a consti- 
tutional principle, it is a ground on which I stand firm ; on which I dare meet any man. The 
gentleman tells us of many who are taxed, and are not represented.— The India company, mer- 
chants, stockholders, manufacturers. Surely many of these are represented in other capacities, 
as owners of land, or as freemen of boroughs. It is a misfortune that more, are not equally repre- 
sented. But they are all inhabitants, and as such, are they not virtually represented ? Many have 
it in their option to be actually represented. They have connections with those that elect, and 
they have influence over them. The gentleman mentioned the stockholders. I hope he does not 
reckon the debts of the nation, as a part of the national estate. Since the accession of king Wil- 
liam, many ministers, some of great, others of more moderate abilities, have taken the lead of 
government' 

" He then went through the list of them, bringing it down till he came to himself, giving a short 
-sketch of the characters of each of them. None of these, he said, thought or ever dreamed of rob- 

(l) T?ii$ was the charge against him. (2) Mr. Long. (3) T» the Speaker. 



224 [1775, May.] HISTORICAL NOTES, kt. 



APPENDIX— Part 1st.— Miscellaneous. {Pitt's Speech.) 

£ting the colonies, of their constitutional rights. That was reserved to mark the era, of the late a<k 
ra.Jistration : not that there were wanting some, when I had the honour to serve his majesty, te 
propose to me to burn my fingers with an American stamp act. With the enemy at their back, with 
our bayonets at their breasts, in the day of their distress, perhaps the Americans would have sub- 
mitted to the imposition ; but it would have been taking an ungenerous, an unjust advantage. The 
gentleman boasts, of his bounties to America ! Are not these bounties intended finally, for the ben- 
efit of this kingdom ? If they are not, he has misapplied the national treasures. I am no courtier 
Of America — I stand up for this kingdom: I maintain that the parliament has a right to bind, 
to restrain America. 

" Our legislative power over the colonies is sovereign and supreme. When it ceases to be sov- 
ereign and supreme, I would advise every gentleman to sell his lands, if he can, and embark for 
that country. When two countries are connected together, like England and her colonies, without 
being incorporated, the one must necessarily govern. The greater must rule the less ; but so rule 
it, as not to contradict the fundamental principles, that are common to both. 

" If the gentleman does not understand the difference, between external and internal taxes, I can- 
not help it ; but there is a plain distinction, between taxes levied for the purposes of raising a rev- 
enue, and duties imposed for the regulation of trade, for the accommodation of the subject ; al- 
though, in the consequences, some revenue might incidentally arise from the latter. 

" The gentleman asks, when were the colonies emancipated ? But I desire to know, when 
were they made slaves i 1 But I dwell not upon words. When I had the honour of serving his 
majesty, I availed myself of the means of information, which I derived from my office. I speak 
therefore from knowledge. My materials were good. I was at pains to collect, to digest, to 
consider them ; and I will be bold to affirm, that the profits to Great Britain from the trade of 
the colonies, through all its branches, is two millions a year. This is the fund that carried you 
triumphantly, through the last war. The estates that were rented at two thousand pounds a j ear, 
threescore years ago, are at three thousand at present. Those estates sold then from fifteen to 
eighteen years purchase ; the same may now be sold for thirty. 

"You owe this to America. This is the price America pays you for her protection. And 
shall a miserable financier, come with a boast, that he can bring a pepper-corn into the exchequer, 
to the loss of millions to the nation ? I dare not say, how much higher these profits may be aug- 
mented. Omitting the immense increase of people, by natural population, in the northern colo- 
nies, and the emigration from every part of Europe, I am convinced, the commercial system of 
America may be altered to advantage. You have prohibited where you ought to have encouraged. 
You have encouraged where you ought to have prohibited. Improper restraints have been laid 
on the continent, in favour of the islands. You have but two nations to trade with in America. 
Would you had twenty ! Let acts of parliament in consequence of treaties remain ; but let not an 
English minister, become a custom-house officer for Spain, or for any foreign power. Much is 
wrong. Much may be amended, for the general good of the whole. 

" Does the gentleman complain he has been misrepresented, in the publick prints ? It is a 
common misfortune. In the Spanish affair of the last war, I was abused in all the newspapers, 
for having advised his majesty, to violate the laws of nations with regard to F/pain. The abuse was 
industriously circulated even in handbills. If administration did not propagate the abuse, admin- 
istration never contradicted it. I will not say what advice I did give the king. My advice is in 
■writing, signed by myself, in the possession of the crown. But I will say what advice I did not 
give to the king. I did not advise him, to violate any of the laws of nations. 

" As to the report of the gentleman's preventing in some way, the trade for bullion with the 
Spaniards, it was spoken of so confidently, that I own I am one of those who did believe it to 
be true. 

" The gentleman must not wonder he was not contradicted, when, as the minister, he asserted 
the right of parliament to tax America. I know not how it is, but there is a modesty in this housa 
which does not choose, to contradict a minister. Even your chair,' sir, looks too often towards St. 
James's. I wish gentlemen would get the better, of this modesty. If they do not, perhaps the 
collective body may begin to abate, of its respect for the representative. Lord Bacon has told me, 
that a great question would not fail of being agitated, at one time or another. I was willing to 
agitate that at the proper reason^ the German war : — my German war, they called it. Every ses- 



£1775, May.] HISTORICAL NOTES, &c. 225 



APPENDIX— Part 1st.— Miscellaneous. (Pitt's Speech.) 

sSons I called out, Has any body any objection to the German war ? Nobody would object to it, one 
gentleman only excepted, since removed to the upper house by succession, to an ancient barony : 
(meaning lord Le Despencer, formerly Sir Francis Dashwood.) He told me, 'He did not like a 
German war.' I honoured the man for it, and was sorry when lie was turned out of his post. A 
great deal has been said without doors, of the power, of the strength of America. It is a topick, 
j that ought to be cautiously meddled with. In a good cause, on a sound bottom, the force of this 
j country can crush America to atoms. I know the valour of your troops. I know the skill of your 
I officers. There is not a company of foot that has served in America, out of which you may not 
' pick a man, of sufficient knowledge and experience, to make a governour of a colony there. But 
i on this ground, on the stamp act, which so many here will think a crying injustice, 1 am one who 
j will lift up my hands against it. 

! " In such a cause, your success would be hazardous. America, if she fell, would fall like the 
I strong man; she would embrace the pillars of the state, and pull down the constitution along with 
j her. Is this your boasted peace — not to sheathe the sword in its scabbard, but to sheathe it in the 
j bowels of your countrymeu ? Will you quarrel with yourselves, now the whole house of Bourbon 
1 1s united against you? while France disturbs your fisheries in Newfoundland, embarrasses y our 
Ij slave trade to Africa, and withholds from your subjects in Canada, their property stipulated by 
treaty ? while the ransom for the Manillas is denied by Spain, and its gallant conquerer basely tra- 
duced, into a mean plunderer ! a gentleman (colonel Draper), whose noble and generous spirit 
would do honour, to the proudest grandee of the country ? The Americans have not acted in all 
things, with prudence and temper; they have been wronged ; they have been driven to madness, 
by injustice. Will you punish them for the madness, you have occasioned ? Kather let prudence 
and temper come first from this side. I will undertake for America, that she will follow the ex- 
ample. There are two lines in a ballad of Prior's, ol a man's behaviour to his wife, so applicable 
to you and your colonies, that I cannot help repeating them ; 

" Be to her faults a little blind ; 
"Be to her virtues very kind." (1) 
« Upon the whole, I will beg leave to tell the house what is my opinion. It is, that the stamp act 
be repealed absolutely, totally, and immediately. That the reason for the repeal be assigned, be- 
cause it was founded on an erroneous principle. At the same time, let the sovereign authority of 
this country over the colonies, be asserted in as strong terms as can be devised, and be made to 
extend, to every point of legislation whatsoever ; that we may bind their trade, confine their manu- 
factures, and exercise every power whatsoever, except that, of taking their money out of their 
pockets without their consent- (2) 



Having inserted the above speech of Mr. Pitt's, made in 1766, on the right of taxing the col- 
onies ; I subjoin the following, made by him in 1770, in the house of lords, in Wilkes case ; for 
the benefit of students; being somewhat of a more technical and legal character; and a very fine 
specimen of acute reasoning, as well as of eloquence. 

In the preceding part of this No. it was stated, that the duke of Grafton as prime minister, and 
Charles Townshend, as Ch. of the exchequer, came into office in the summer of 1766, soon after 
the repeal of the stamp act, in an administration formed by Mr. Pitt, who then accepted the 
title of lord Chatham. 

This administration of his own forming, disappointed all his hopes; and in 1768 he retired to the 
country, diseased in body and mind. In Jan 1770, when the parliament met after the christm;is 
recess," he took hia place again in the house of lords. At this time the duke of Grafton still re - 

(1) Mr. Pitts quotation might have been improved, by the other two lines. 

"Let all her ?vays be unconfin'd; 
"And clap a padlock on her mind. 

(2) Lord Camden's speech in the house of lords, was bold, eloquent, and argumentative ; 
" My position said he is this, I repeat it, 1 will maintain it to my last hour ,• taxation and re- 
presentation, are inseparable. This position is founded on the laws of nature. It is more, it is 
itself an eternal law of nature. For w/iatever is a man's own, it is absolutely his own. No 
man has a right to take it from him, ivithout his consent. Whoever attempts to do it, attempts 
an-injury ,• whoever does it, commits a robbery." 

I have no copy of this speech; and should not, even were it in my possession, think it adviscable, 
to extend the vxhtter under tilts head further, by its insertion. 



226 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. 

tained the office of prime minister; lord North being Ch. of the exchequer, in the place of Mr, 
Townshend, whose death has been mentioned. 

The opposition to the revenue acts of 1767 was now at its height in the colonies; and occasioned 
bo small uneasiness to the British cabinet.(l) 

But another subject at that time excited infinitely more attention, and spread the flame of fac- 
tion and discord over all England : it seemed to threaten a revolution : this was the case of John 
Wilkes .- That gentleman had been elected a member of the house of commons, for the coanty 
of Middlesex; and was expelled the house, for a most blasphemous and obscene poem. A new 
writ issued for another election, and the freeholders returned Ifilkes again. The house rejected 
him as ineligible, and declared that a member, expelled their house, was incapacitated from sit- 
ting there, during that parliament : f which might be for 7 years. J Another election was or- 
dered, and Wilkes was again returned : a third took place, at which col. Luttrell came for- 
ward as his opponent: Wilkes had 1193 votes, I^uttrell 296. The sheriffs returned Wilkes ak 
elected; the house rejected him, and declared col. Luttrell duly elected; deciding that all the 
votes for Wilkes, were for a person wholly " incapacitated " to be a candidate, and as a conse- 
quence, that Luttrell was the only candidate ; the votes for Wilkes being as completely void, as if 
they had been given for the Dey of Algiers ; or the Statue of Geo. 2nd. in Grosvenor Square, 

This decision, which took place Jlp. 15, 1769, created great discontents; " the people denied 
that the house of commons had a right to reject a member, who had been duly returned by a ma- 
jority of good votes, and who had no legal incapacity : expulsion, they said, threw such an one on 
his constituents, for them to decide, as they thought fit, oa his delinquency ; and if he was still 
the man of their'choice, the utmost power possessed by the commons, reached to make the elec- ; 
tion void, but it could not give the seat to a candidate who had the fewest suffrages. They con- 
tended, that although the house of commons expelled, it could not incapacitate ; such a proscrip- 
tion could be only rendered legal, by the concurrence of all the three distinct parts, of the legisla- 
ture. The cry was industriously spread, that the house of commons was assuming to itself a power, | 
■which had never been exercised in such a latitude ; it was dangerous to the constitution, in the , 
present instance, and likewise a flagrant violation of the rights of the people; and, when drawn 
into a precedent, might in future times be made use of, to still more fatal purposes. On these ( 
grounds the city of London petitioned the king, praying him to dissolve the parliament. The na- 
tion caught the alarm, and petitions to the same purport were sent up, from various parts of the 
kingdom ; the object of which was, in some measure, counteracted by the addresses to the throne, I 
expressive of the people's approbation, of the conduct of the parliament. It was whilst this fer- 
ment was at its height, that the duke of Grafton thought fit to withdraw himself from power, and 
resign the administration of affairs to lord North. {Jan. 1770.)" 

It was a few days before the duke of Grafton resigned, viz. Jan. 9, 1770, as before mentioned, I 
that lord Chatham took his place in the house of peers, and on the motion for the address ta j 
the throne, pronounced one of the most celebrated of his speeches, which, unfortunately, is im- \ 
perfectly preserved. He commenced it in a very impressive manner. ' At my advanced period 
of life, my lords, bowing under the weight of my infirmities, I might, perhaps, have stood excu- 
sed if I had continued in my retirement, and never taken part agaia in publick affairs : but the i 
alarming state of the nation calls upon me, indeed forces me to come forward once more, and to j 
execute that duty which I owe to my God, my sovereign, and my country.' He then entered into ! 
a wide examination of the external, as well as internal relations of the country, and drew an able, ' 
though exaggerated picture of its situation, and the dangers which threatened it. " 

" He said that the posture of foreign affairs was highly critical; but he dwelt more on the di- I 
visions and distractions which prevailed in every portion of the empire. He lamented those unhap- ! 
py measures which had alienated the colonies from the mother country, aud driven them to such 
excesses. But he still thought that they should be treated with tenderness; for, ' these excesses 
were the mere irruptions of liberty which broke out upon the skin, and were a sign, if not of per- 
fect health, at least of vigorous constitution, and must not be repelled too suddenly, lest they j 
should strike to the heart. That liberty was a plant which deserved to be cherished. That he j 
loved the tree, and wished well to every branch of it. That like the vine in scripture, it had 
spread from East to West, had embraced whole nations with its branches, and sheltered them 
Under its leaves.' 

" Passing from the discontents of America, he proceeded to notice those, which existed at home. 

(1) The troubles of ministry on this head -were soon after allayed by lord North, who succeeded I 
the duke of Grafton in this month; he brought in a bill partially to repeal the act of 1767, Mar. 5, 
1770, which took place in April, see p. 48, etseq. There can hardly be a doubt, that the principal 
motive which inclined him to a repeal, was, to get rid of American discontents for the moment. 
The terrifying cries of " wilkes and liberty," which filled the whole kingdom, and maddened 
the nation, furnished ministers with suffieie7it employment there, without the torment oj those 
kindred sounds, " liberty and property," which assailed their ears, in every blast of wind, from 
the shores of America. 

That he had no real intention, to relinquish supremacy and taxation over the colonies eventually, 
is quite apparent ; the duty on " tea," more important than all the rest, was continued ,■ ami's 
i/eurs afterwards, when the nation was quiet, and prospersous, and /us power and influence had 
risen to a height, which no previous minister possessed, he voluntarily brought an the question 
again, by putting forward the India company to export their teas. 



|1775, May.} HISTORICAL NOTES^ &G* -227 



APPENDIX— Part 1st.— Miscellaneous. (Id. Chatham's Speech.) 

i The latter he attributed, to the conduct of the house of commons, in the expulsion of Mr. Wilkes, 
and conceived that it ought to be distinctly stated as the cause, to his majesiy. With this design, 
he concluded his speech by moving, as an amendment to the address, 5 That we -mil, with all 
convenient speed, take into our most serious consideration the causes of the discontents which 
prevail in so muny parts of your majesty's dominions, and particularly the late proceedings of 
the house of commons touching the incapacity of John Wilkes Esq. expelled by that house, to be 
re-elected a member to serve in this present parliament ; thereby refusing, by a resolution of one 
branch of the legislature only, to the subject his common right, and depriving the electors oj 'Mid- 
dlesex of their free choice of a representative. 1 

" This amendment was powerfully resisted by lord Mansfield. Nothing remains however of 
his speech, excepta meagre account of the general course of his argument. He contended 'that 
the amendment violated every form and usage of parliament, and was a gross attack on the priv- 
ileges of the house of commons. That there never was an instance of the lords inquiring into 
the proceedings of that house with respect to their own members, much less of their taking upon 
them to censure such proceedings, or of their advising the crown to take notice of them. If indeed, 
it be the purpose of the amendment to provoke a quarrel with the house of commons, I confess, 
said his lordship, it will have that effect oertainly and immediately. The lower house will un- 
doubtedly assert their privileges, and give you vote for vote. I leave it, therefore, to your lord- 
ships, to consider the fatal effects which in such a conjuncture as the present, may arise from an 
! open breach between the two houses of parliament.' 

" Lord Chatham immediately rose and delivered the following speech in reply. 

" His amendment was rejected. 

LOUD CHATHAM'S SPEECH, {in Wakes' case) 

HELIVEUED IN THE HOUSE OF LORDS, JANTTARY THE 9th, 17T0, IN REPLY TO LORD MANSTIELB, 
ON AN AMENDMENT TO THE ADDRESS TO THE THRONE. 

Mr LORDS, 

" There is one plain maxim, to which I have, invariably adhered through life: that in every 
question, in which my liberty, or my property were concerned, I should consult and be deter- 
mined by the dictates of common sense. I confess, my lords, that I am apt to distrust the re- 
finement of learning, because 1 have seen the ablest and the most learned men equally liable to 
deceive themselves, and to mislead others. The condition of human nature would be lamentable 
indeed, if nothing less than the greatest learning and talents, which fall to the share of so small a. 
number of men, were sufficient to direct our judgment and our conduct. But providence has 
taken better care of our happiness, and given us, in the simplicity of common sense, a rule for our 
direction, by which we shall never be misled. I confess, my lords, I had no other guide in draw- 
ing up the amendment, which I submitted to your consideration ; and, before I heard the opiniou 
of the noble lord who spoke last, I did not conceive that it was even within the limits of possibility, 
for the greatest human genius, the most subtle understanding, or the acutest wit, so strangely 
to misrepresent my meaning, and to give it an interpretation so entirely foreign, from what I in- 
tended to express, and from that sense Avhich the very terms of the amendment, plainly and dis- 
tinctly carry with them. If there be the smallest foundation for the censure thrown upon me by 
that noble lord ; if, either expressly, or by the most distant implication, I have said or insinuated 
any part of what the noble lord has charged me with, discard my opinions for ever, discard the 
motion with contempt. 

" My lords, I must beg the indulgence of the house. Neither will my health permit me, nor 
io I pretend to be qualified to follow that learned lord minutely, through the whole of his argu- 
ment. No man is better acquainted with his abilities and learning, nor has a greater respect for 
them than I have. I have had the pleasure of sitting with him in the other house, and always 
listened to him with attention. I have not now lost a word of what he said, nor did I ever Upon 
the present question I meet him without fear. The evidence which truth carries with it, is su- 
periour to all argument; it neither wants the support, nor dreads the opposition of the greatest abili- 
ties. If there be a single word in the amendment to justify the interpretation, which the noble 
lord has been pleased to give it, I am ready to renounce the whole. Let it be read ray lords ; 
let it speak for itself. (1) In what instance does it interfere with tbe privileges, of the house of com- 
mons ? In what respeot does it question their jurisdiction, or suppose an authority in this house 

(1) It -xas read. 



228 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — Miscellaneous. (Id. Chatham's Speech, in Wilkes 1 case.) 

to arraign the justice of their sentence ? I am sure that every lord who hears me will bear me 
witness, that I said not one word touching the merits of the Middlesex election. So far from 
eonveying any opinion upon that matter, in the amendment, I did not even in discourse deliver my 
own sentiments upon it. I did not say that the house of commons had done either right or wrongs 
but, when his majesty was pleased to recommend it to us to cultivate unanimity amongst ourselves, 
I thought it the duty of this house, as the great hereditary couneil of the crown, to state to his 
majesty the distracted condition of his dominions, together with the events which had destroyed 
unanimity among, his subjects. But, my lords, I stated events merely as facts, without the smal- 
lest addition either of censure or of opinion. They are facts, my lords, which I am not only con- 
vinced are true, but which I know are indisputably true. For example, my lords ; will any man 
deny that .discontents prevail in many parts of his majesty's dominions ? or that those discontents 
arise from the proceedings of the house of commons, touching the declared incapacity of Mr. 
Wilkes ? "Fis impossible. No man can deny a truth so notorious. Or will any man deny that I 
those proceedings refused, by a resolution of one branch of the legislature only, to the subject his I 
common right? Is it not indisputably true, my lords, that Mr. Wilkes had a common right, and j 
that he lost it no other way, but by a resolution of the house of commons ? My lords, I have 
been tender of misrepresenting the house of commons. I have consulted their journals, and have j 
taken the very words of their own resolution. Do they not tell us in so many words, that Mr; 
Wilkes having been expelled, was thereby rendered ineapable of serving in that parliament ! And 
is it not their resolution alone, which refuses to the subject his common right ? The amendment 
says further, that the electors of Middlesex are deprived of their free choice of a representative. 
Is this a false fact, my lords ? Or have I given an unfair representation of it ? Will any man pre- 
sume to affirm that colonel Luttrell is the free choice of the electors of Middlesex ? We all kncV 
the contrary. We all know that Mr. Wilkes (whom I mention without either praise or cen- 
sure) was the favourite of the county, and chosen by a very great and acknowledged majority, 
to represent them in parliament. If the noble lord dislikes the manner in which these facts ar» 
stated, I shall think myself happy in being advised by him how to alter it. I am very little a- U 
ious about terms, provided the substances be preserved ; and these are facts, my lords, wh.«ih i 
I am sure will always retain their weight and importance, in whatever form of language they | 
are described. 

"Now, my lords, since I have been forced to enter into the explanation of an amendment, in ; 
which nothing less than the genius of penetration could have discovered an obscurity, and havings 
as I hope, redeemed myself in the opinion of the house ; having redeemed my motion from the i 
severe representation given of it by the noble lord, I must a little longer entreat your lordship's j 
indulgence. The constitution of this country lias been openly invaded in fact ; and I have heard, 
with horror and astonishment, that very invasion defended upon principle. What is this mysteri- 
ous power, undefined by law, unknown to the subject, which we must not approach without awe, 
nor speak of without reverence, which no man may question, and to which all men must submit I 
My lords, I thought the slavish doctrine of passive obedience had long since been exploded; and, 
when our kings were obliged to confess that their title to the crown, and the rule of their govern- 
ment, had no other foundation than the known laws of the land ; I never expected to hear a divine 
right, or a divine infallibility, attributed to any other branch of the legislature. My lords, I beg to be 
understood. No man respects the house of commons more than I do, or would contend more stren- 
uously than I would, to preserve to them their just and legal authority. Within the bounds prescri- 
bed by the constitution, that authority is necessary to the well being of the people : beyond that line, 
every exertion of power is arbitrary, is illegal ; it threatens tyranny to the people, and destruction 
to the state. Power without right, is the most odious and detestable object that can be offered to 
the human imagination. It is not only pernicious to those who are subject to it, but tends to its 
own destruction. It is what my noble friend (1) has truly described it : Res detestabilis et caduca. 
My lords, I acknowledge the just power, and reverence the constitution of the house of commons. 
It is for their own sakes, that I would prevent their assuming a power which the constitution has 
denied them, lest, by grasping at an authority they have no right to, they should forfeit that which 
they legally possess. My lords, I affirm that they have betrayed their constituents, and violated 

(1) Lord Lyttleton, 



[17f5,May.] HISTORICAL NOTES, &«, 229 



APPENDIX— Part 1st.— Miscellaneous. {Id. Cliatham's speech, in Wilkes' cast, 1770.) 

the constitution. Under pretence of declaring the law, thy have made a law, and united iu the 
same persons, the office of legislator and of judge. 

"I shall endeavour to adhere strictly to the noble lord's doctrine, which is, indeed, impossible to 
mistake, so far as my memory will permit me to preserve his expressions. He seems fond of the 
word jurisdiction ; and I confess, with the force and effect which he has given it, it is a word ofi 
copious meaning and wonderful extent. If his lordship's doctrine be well founded, we must re- 
nounce all those political maxims, by which our understandings have hitherto been directed, and 
even the first elements of learning, taught us in our schools when we were schoolboys. My lords, 
we knew that jurisdiction was nothing more than Jus Dicere ; we knew that Leg-em facere and 
Legem dicere were powers clearly distinguished from each other iu the nature of things, and 
•wisely separated by the wisdom of the English constitution ; but now, it seems, we must adopt a 
new system of thinking The house of commons, we are told, have a supreme jurisdiction ; and 
there is no appeal from their sentence ; and that wherever they are competent judges, their de- 
cision must be received and submitted to, as ipso facto, the law of the land. My lords, I am a, 
plain man, and have been brought up in a religious reverence for the original simplicity of the laws 
of England. By what sophistry they have been perverted, by what artifices they have been in- 
volved in obscurity, is not for me to explain : the p-inciples, however, of the English laws, are still 
sufficiently clear: they are founded in reason, and are the masterpiece of the human understand- 
ing ; but it is in the text that I would look for a direction to my judgment, not in the commentaries 
of modern professors. The noble lord assures us, that he knows not in what code the law of par- 
liament is to be found ; that the house of commons, when they act as judges, have no law to direct 
them but their own wisdom; that their decision is law; and if they determine wrong, the subject 
has no appeal but to heaven. What then, my lords, are all the generous efforts of our ancestors? 
. ire all those glorious contentions, by which they meant to secure to themselves, and to transmit to 
their posterity a known law, a certain rule of living, reduced to this conclusion ; that instead of the 
arbitrary power of a king, we must submit to the arbitrary power of a house of commons ? If this 
je true, what benefit do we derive from the exchange ? Tyranny, my lords, is detestable in everj 
t ape ; but iu none so formidable, as when it is assumed and exercised bv a number of tyrants. 
But, my lords, this is not the fact ; this is not the constitution. We have a law of parliament ; we 
have a code in which every honest man may find it. We have Magna Charta ; we have the 
Statute Book, and the Bill of Rights. 

"If a case should arise unknown to these great authorities, we have still that plain English 
reason left, which is the foundation of all our English jurisprudence. That reason tells us, that 
every judicial court, and every political society, must be vested with those powers and privileges 
which are necessary for performing the office to which they are appointed. It tells us also, that 
no court of justice can have a power inconsistent with, or paramount to, the known laws of the 
land; that the people, when they choose their representatives, never mean to convey to them a 
power of invading the rights, or trampling upon the liberties of those whom they represent. What 
security would they have for their rights, if once they admitted, thai a court of judicature might 
determine every question that came before it, not by any known, positive law, but by the vague, 
iudeterminate, arbitrary rule, of what the noble lord is pleased to call the wisdom of the court ? 
With respect to the decisions of the courts ol justice, I am far from denying them their due weight 
and authority; yet, placing them in the most respectable view, I still consider them, not as law, but 
as an evidence of the law ; and before the\ can arrive even at that degree of authority, it must ap- 
pear, that they are founded in, and confirmed by, reason ; that they are supported by precedents 
taken from good and moderate times; that they do not contradict any positive law; that they 
are submitted to without reluctance, by the people ; that they are unquestioned by the legislature 
(which is equivalent to a tacit confirmation) and what, in my judgment, is by far the most impor- 
tant, that they do nof violate the spirit of ihe constitution. Mt lords, this is not a vague or loose 
(expression. We all know what the constitution is. We all know, that the first principle of it is, 
that the subject shall not be governed b\ the arbitrium of any one man or body of men, (leas 
than the whole legislature) but by i-.ertain laws, to which he has virtually given his consent, which 
JVre open to him to examine, and not beyond his ability to understand. — Now, my lords, I affirm, 
Mid am ready to maintain, that the late decision of the house of commons upon the Middlesex 
election, is destitute of every one" of those properties and conditions, which I hold to be essential to 

29 



339 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. {Id. Chatham's speech, in Wilkes' case, 1770.) 

the legality of such a decision. It is not founded in reason ; for it carries with it a contradiction, 
that the representative should perform the office of the constituent body. It is not supported by 
a single precedent; for the case of sir R. Walpole is but a half precedent, and even that half is 
imperfect. Incapacity was indeed declared ; but his crimes are stated as the ground of the reso- 
lution, and his opponent was declared to be not duly elected, even after his incapacity was esta- 
blished. It contradicts Magna Charta and the Bill of Rights, by which it is provided, that no sub- 
ject shall be deprived of his freehold, unless by the judgment of his peers, or the law of the land % 
and that elections of members to serve in parliament shall be free ; and so far is this decision from, 
heing submitted to by the people, that they have taken the strongest measures, and adopted the 
most positive language to express their discontent. "Whether it will be questioned by the legisla- 
ture, will depend upon your lordships' resolution; but that it violates the spirit of the constitution, 
will, I think, be disputed by no man who has heard this day's debate, and who wishes well to the 
freedom of his country : yet, if we are to believe the noble lord, this great grievance, this manifest 
violation of the first principles of the constitution, will not admit of a remedy ; is not even capable 
of redress, unless we appeal at once to heaven! My lords, I have better hopes of the constitution, 
and a firmer confidence in the wisdom and constitutional authority of this house. It is your ances- 
tors, my lords, it is to the English barons that we are indebted for the laws and constitution we 
possess. Their virtues were rude and uncultivated, but they were great and sincere. Their under- 
standings were as little polished as their manners, but they had hearts to distinguish right from 
wrong ; they had heads to distinguish truth from falsehood ; they understood the rights of human- 
ity, and they had spirit to maintain them. 

"My lords, I think that history has not done justice to their conduct, when they obtained from 
their sovereign, that great acknowledgment of national rights contained in Magna Charta : they 
did not confine it to themselves alone, but delivered it as a common blessing to the whole people. 
They did not say, these are the rights of the great barons, or these are the rights of the great pre- 
lates: — No, my lords; they said, in the simple Latin of the times, nullus liber homo, and provided 
as carefully for the meanest subject as for the greatest. These are uncouth words, and sound but 
poorly in the ears of scholars ; neither are they addressed to the criticism of scholars, but to the 
hearts of freemen. These three words, nullus liber homo, have a meaning which interests us all ; 
they deserve to be remembered — they deserve to be inculcated in our minds — they are worth all 
the classicks. Let us not, then, degenerate from the glorious example of'our ancestors. Those iron 
barons (for so I may call them when compared with the silken barons of modern days) where the 
guardians of the people ; yet their virtues, my lords, were never engaged in a question of such 
importance as the present. A breach has been made in the constitution — the battlements are dis- 
mantled — the citadel is open to the first invader — the walls totter— the constitution is not tenable 
What remains then, but for us to stand foremost in the breach, to repair it, or perish in it ? 

" Great pains have been taken to alarm us, with the consequences of a difference between tin 
two houses of parliament — that the house of commons will resent our presuming to take notice 
their proceedings; that they will resent our daring to advise the crown, and never forgive us for 
attempting to save the state. My lords, I am sensible of the importance and difficulty of this great 
crisis : at a moment, such as this, we are called upon to do our duty, without dreading the resent- 
ment of any man. But if apprehensions of this kind are to affect us, let us consider which we 
ought to respect most, the representative, or the collective body of the people. My lords, five 
hundred gentlemen are not ten millions ; and if we must have a contention, let us take care to 
have the English nation on our side. If this question be given up, the freeholders of England are 
reduced to a condition baser than the peasantry of Poland. If they desert their own cause, they 
deserve to be slaves! My lords, this is not merely the cold opinion of my understanding, but the 
glowing expression of what I feel. It is my heart that speaks. I know I speak warmly, my lords 5 
but this warmth shall neither betray my argument nor my temper. The kingdom is in a flame. 
As mediators between the king and people, it is our duty to represent to hira the true condition 
and temper of his subjects. It is a duty which no particular respects should hinder us from per- 
forming ; and whenever his majesty shall demand our advice, it will then be our duty to inquire 
more minutely into the causes of the present discontents. Whenever that inquiry shall come on, 
pledge myself to the house to prove, that since the first institution of the house of commons, not 



41775, May.] HISTORICAL NOTES, &c. 231 



APPENDIX— Part 1st.— Miscellaneous. (Id. Chatham's speech in Wilkes' case, 1770.) 

a siDgle precedent can be produced to justify their late proceedings. My noble and learned 
friend (the lord chancellor) has pledged himself to the house, that he will support that assertion. 

" My lords, the character and circumstances of Mr. Wilkes have been very improperly intro- 
duced into this question, not only here, but in that court of judicature where his cause was tried. 
1 mean the house of commons. With one party, he was a patriot of the first magnitude ; with the 
other, the vilest incendiary. For my own part, I consider him merely and indifferently as an En- 
glish subject, posssessed of certain rights whieh the laws have given him, aud which the laws alone 
can take from him. I am neither moved by his private vices, nor by his publick merits. In his 
person, though he were the -worst of men, I contend for the safety and security of the best ; and, 
God forbid, my lords, that there should be a power in this country of measuring the civil rights of 
the subject by his moral character, or by any other rule but the fixed laws of the land ! I believe, 
my lords, /shall not be suspected of any personal partiality to this unhappy man. I am not very 
conversant in pamphlets or newspapers; but, from what I have heard, and from the little I have 
read, I may venture to affirm, that I have had my share in the compliments which have come 
from that quarter ; and, as for motives of ambition (for I must take to myself a part of the noble 
duke's insinuation) I believe, my lords, there have been times in which I have had the honour of 
standing in such favour in the closet, that there must have been something extravagantly unreason- 
able in my wishes if they might not all have been gratified. After neglecting those opportunities, 
I am now suspected of coming forward in the decline of life, in the anxious pursuit of wealth and 
power, which it is impossible for me to enjoy. Be it so. There is one ambition at least which I 
ever will acknowledge, which I will not renounce but with my life. It is the ambition of deli- 
vering to my posterity, those rights of freedom which I have received from my ancestors. I 
am not now pleading the cause of an individual, but of every freeholder in England. In what 
manner this house may constitutionally interpose in their defence, and what kind of redress 
this case will require and admit of, is not at present the subject of our consideration. The 
amendment, if agreed to, will naturally lead us to such an inquiry. That inquiry may, per. 
haps, point out the necessity of an act of the legislature, or it may lead us, perhaps, to desire ». 
conference with the other house ; which one noble lord affirms is the only parliamentary way of 
proceeding; and which another noble lord assures us the house of commons would either not come 
to, or would break off with indignation. Leaving their lordships to reconcile that matter betweea. 
themselves, I shall only say, that before we have inquired, we cannot be provided with materials : 
consequently we are not at present prepared for a conference. 

" It is not impossible, my lords, that the inquiry I speak of may lead us to advise his majesty to 
dissolve the present parliament; nor have I any doubt of our right to give that advice, if we 
should think it necessary. His majesty will then determine whether he will yield to the united 
petitions of the people of England, or maintain the house of commons in the exercise of a legisla- 
tive power, which heretofore abolished the house of lords, and overturned the monarchy. I wil- 
lingly acquit the present house of commons of having actually formed so detestable a design ; but 
they cannot themselves foresee to what excesses they may be carried hereafter ; and for my own 
part, I should be sorry to trust to their future moderation. Unlimited power is apt to corrupt 
the minds of those who possess it; and this I know my lords, that, where law ends, tyranny 
begins !" 

I before have given extracts from the speech of Mr. Burke in the house of commons, on the. 
19 April 1774, in the session, when the " Boston Port act" and other laws were enacted, against 
Massachusetts, for the destruction of the tea, in Dec. preceding. 

This speech was made on a resolution offered by Mr. Fuller, April 19, 1774, to repeal the act 
of 1767 entirely, instead of proceeding to extremities, to enforce it Mr. Burke in (he course of 
his great speech in favour of repeal, had to encounter many arguments, and among the rest, that 
repealing would but make the Americans more arrogant ; and as a proof ot this it was asserted, 
that the repeal of the stamp act ia 1760, under the Rockingham administration, had produced 
this consequence. 

He most clearly refutes this allegation ; the subject however led him to a review of the whole 
history of American taxation, from 1763 down to April 1774, when he was speaking. 

Perhaps there is not to be found a speech, taking into view reasoning, satire, imagination, and all 
ibe ingredients which constitute powerful and splendid oratory, more perfect than this of Mr. 
Burke's; I regret much, that it was not printed entire; what there is of it, will be found in its 
connection p. 67. et seq; 

In the course ef his speech) vainly intended, to arrest the violence of lord North's administration, 



232 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (Geo. Grenville, 1764.) 

he takes occasion to pass in review, the character of Mr. Grenville, the author of American taxa- 
tion in 1764; that of the marquis of Rockingham; Mr. Pitt; and Gen. Conway; who checked. 
its progress, hy the repeal of the stamp act in 1766 ; and that of Charles Townshend ; who revi- 
ved the scheme in 1767, in a ministry formed by Mr. Pitt (theti lord Chatham) himself. 

Having extended th* matter under this Number of the appendix so tar, on the subject of the 
Stamp act, with lord Chithams speech in Wilkes' affair, beside ; 1 cannot forego making a few 
further extracts from Mr. Burke's speech in April 1774, referring to the characters before men- 
tioned. My object is, something of history, in regard to the period of the Stamp act, but more I 
for the intellectual gratification of readers, who delight in the charms of eloquence. 

GEO. GRENVILLE. 

Previous to his becoming Prime minister, and at the head of the treasury department, he had 
for a short time, been first lord of the board of Admiralty, and in that capacity, had advised severe 
measures, to prevent the colonial contraband trade, which was carried on with the Spanish, and 
French, and Dutch West India Islands, and possessions on the main : this trade was carried on 
chiefly with the Spaniards, by which British manufactures were vended, and gold, silver, and 
bullion received in return ; though in express violation of the Navigation acts, and laws of trade in 
England ; yet it was admitted ou all hands, to be beneficial to the nation, as the proceeds of it ' 
finally went to G. Britain for her manufactures, where alone the Americans could be supplied. 

So well understood was this by sir Robert Walpole, the great whig minister under Geo 2nd, J 
that being applied vo during the war which broke out with Spain in 1739, on the subject of taxing 
the British colonies and enforcing strictly the laws of trade ; he smiled and said "I will leave that, 
to some ot my successors who have more courage than I have, and are less friends to commerce 
than I am. It has been a maxim with me, during my administration, to encourage the trade of 
the American colonies in the utmost latitude ; nay, it has been necessary to pass over some irreg- 
ularities in their trade with Europe ; for by encouraging them to an extensive growing foreign ! 
commerce, if they gain Z.500,000, 1 am convinced, that in two years afterwards, full Z.250,000 of f 
their gains will be in his majesty's exchequer, by the labour and produce of this kingdom, as im- 
mense quantities of every kind of our manufactures go thither; and as they increase in their for- 
eign American trade, more of our produce will be wanted. This is taxing them more agreeably 
to their own constitution and ours."(l) 

(1) Sir Robert Walpole, had been prime minister many years to Geo. 2?id; he was at tlie head 
of the Protestants, and -whig party ; and opposed by the tory, and jacobite factions, united with \\ 
a third party, who assumed the name of " patriot whigs ;" and affected to be neither tones or 
Jacobites, but pure friends to the people, and always assumed to tliemselves exclusively, that 
honourable character. These patriots were probably an unpri?icipled faction, and made com- 
mon cause with the tories and Jacobites, whom they professed to hate, against this great minis- 
ter; doubtless from the motives he states, to obtain his places and emoluments, and not for pure 
love of the people. Agai?ist the charge of having availed himself of his official situation and 
patronage to maintain a majority in Javour of his wise and pucifick plan of administration ; he 
made no defence, but admitted it, on the ground that it was necessary, to prevent faction and 
false patriotism from overturning the government 

At the meeting of parliament in 1740, the opposition availing themselves of the discontents | 
which prevailed throughout the country, determined to address the throne for the dismissal of ! ■': 
sir Robert Walpole. This duty was confided to Mr. Sandys, a zealous partisan and an elo- r.'j 
quent debater, who accordingly in the house of commons, apprised the minister oj the intended : \ 
motion. 

On receiving the intimation, which was totally unexpected, he immediately arose, and with A 
becoming dignity and composure replied " That us he ioas conscious of no crime, he had no doubt a 
of being able to make a proper defence, and laying his hand on his breast, he cited the appro- '<■] 
priate lines ; 

■ " Hie murus aheneus esto, 

" All conscire sibi, nulla pallescere culpa." 

Mr Sandys on this occasion, made a most able and eloquent speech. The reply of sir Robert, 
was remarkable both for its argument and spirit; and appears to be a complete vindication of 
lumself, against every charge oj official misconduct, or private corruption. 

For the sake of the memorable portrait which he drew on this occasion, of mock patriotism, I 
insert the commencement of his speech. 

"Ma speaker, It has Seen observed by several gentlemen, in vindication of this motion, that 
if it should be carried, neither my life, liberty, or estate will be affected. But do the honourable 
gentlemen consider my character and reputation as of no moment? Is it no imputation to be ar- 
raigned before this house, in which I have sat forty years, and to have my name transmitted to 
posterity with disgrace and infamy ? I will not conceal my sentiments, that to be named in par- 
liament as a subject of inquiry, is to me a matter of great concern ; but I have the satisfaction 
at the same time to reflect, that the impression to be made, depends upon the consistency of the 
charge and the motives of the prosecutors. Had the charge been reduced to specif ck allegations, 
I should have felt myself culled upon for a specifck defence. Had I served a weak or wicked 
master, and implicitly obeyed his dictates, obedience to his commands must have been my only 



[1775, May.l HISTORICAL NOTES, &c. 233 



APPENDIX— Part 1st.— Miscellaneous. {Geo. Grenville, 1764.) 

Mr. Grenville acted upon other principles, and even before he came into the treasury office,, 
the laws of trade were enforced, and seizures, and condemnations took pUce, in the admi- 
ralty courts of the colonies; beside mauy vexations and expenses which attended unfounded 
searches and seizures of vessels and cargoes. 
After he became minister, and had passed the first direct revenue law, Ap. 5, 1764, called the. 
I ''sugar act," imposing high duties upon many foreign products, such as wines, clayed sugars, 
; indigo, coftee, East India manufactures, molasses, &c. imported into the colonies ; in order to in- 
sure the revenue on these, he established on the American coast, a very strict revenue inspection; 
; to be executed by British squadrons, and ships in these seas; in consequence of this, not only were 
| many vessels seized on suspicion of smuggling the dutied articles, but the Spanish and French 
contraband trade was more closely watched, and the American shipping business, almost de- 
: stroyed. 

Before Mr. Burke comes to the character of Mr. Grenville, he takes a short view of the navi- 
gation act, and his policy of American revenue, thus, 

" Permit me then, sir, (1) to lead your attention very far back ; back to the act of navigation; 

; the corner-stone of the policy of this country with regard to its colonies. Sir, that policy was, 

i from the beginning, purely commercial; and the commercial system was wholly restrictive. It 

was the system of a monopoly. No trade was let loose from that constraint, but merely to enable 

the colonists to dispose of what, in the course of your trade, you could not take ; or to enable tliem, 

todisposejof such articles as we forced upon them, and for which, without some degree of liberty, 

\ they could not pay. Hence all your specifick and detailed enumerations : hence the innumerable 

checks and counter checks: hence that infinite variety of paper chains by which you bind together 

this complicated system of the colonies. This principle of commercial monopoly runs through no 

less than twenty-nine acts of parliament, from the year 1660 to the unfortunate period of 1764. 

*' In all those acts the system of commerce is established, as that from whence alone you propo- 
sed to make the colonies contribute (I mean directly and by the operation of your superintending 
legislative power) to the strength of the empire. I venture to say, that during that whole period, 
a parliamentary revenue from thence was never once in contemplation. Accordingly, in all the 
number of laws passed with regard to the plantations, the words which distinguish revenue 
laws, specifically as such, were, I think, premeditately avoided. I do not say, sir, that a form of 

(1) Speaker. 

justification. But as it has been my good fortune to serve a master, who wants no bad minis- 
ters, and -would have hearkened to none, my defence must rest on my own conduct. The con- 
sciousness of innocence, is also sufficient support against my present prosecutors. A further jus- 
tification is also derived, from a consideration of t/ie views and abilities of the prosecutors. Had 
1 been guilty of great enormities, they want neither zeal and inclination to bring tliem forward, 
nor ability to place them in the most prominent point of view. But as J am conscious of no crime, 
my own experience convinces me, that none can be justly imputed. 1 must therefore ash the 
gentlemen, from whence does tliis attack proceed? From the passions and prejudices of the par- 
ties combined against me, who may be divided into three classes, the Boys, the riper Patriots, 
and the Tories. The Tories / can easily forgive, they have unwillingly come into the measure, 
and they do me honour in thinking it necessary to remove me, as their only obstacle. What is 
the inference to be drawn from these premises ? that demerit with them, ought to be considered 
as merit with others. But my great and principal crime is my long continuance in office, or, in 
other words, the long exclusion of those who now complain against me. T/iis is the heinous 
offence which exceeds all others. 1 keep Jrom them the possession of that power, those honours 
and those emoluments, to which they so ardently and pertinaciously aspire. I will not attempt 
to deny tlie reasonableness and necessity of a party war; but in carrying on that war, all prin- 
ciples and rules of justice should not be departed from. The tories must confess, that the 
■most obnoxious persons have felt few instances of extrajudicial power. Wherever they have been 
arraigned, a plain charge has been exhibited against them. They have had an impartial trial, 
and have been permitted to make their defence; and will tliey, who have experienced this fair 
and equitable, mode of proceeding, act in direct opposition to every principle of justice, and es- 
tablish this fatal precedent of parliamentary inquisition ? and whom would tliey conciliate by a 
conduct so contrary to principle and precedent ? 

" Can it befitting in tliem, (1) who have divided the publick opinion of the nation, to share it 
with those who now appear as their competitors ? With the men of yesterday, tlie boys in poli- 
ticks, who would be absolutely Contemptible, did not their audacity render tliem detestable ?■ 
With the mock patriots, whose practice and professions prove tlieir selfisfaiess and malignity, 
who threatened to pursue me to destruction, and who have never for a moment lost sight of their 
object? These men, under the name of Separatists, (2) presume' to call themselves, exclusively, 
the nation and the people, and under that character, assume all power. In their estimation, 
the king, lords, and commons are a faction, and they arc the government. Upon these princi- 
ples they threaten the destruction of all authority, and think they have a right to judge, direct, 
and resist, all legal magistrates. They withdraw from parliament, because they succeed in noth- 

(1) The Tories. (2) "Boys and mock patriots, men of yesterday ;" these were the whig* 
who had quit him, ami made common cause with (hjs Tories, on pretence that his administration 
•?as corrupt/ 



234 ['1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (Geo. Grenville, 1764.) 

-words alters the nature of the law, or abridges the power of the lawgiver. It certainly does not.J 
However, titles and formal preambles are not always idle words ; and the lawyers frequently argue| 
from them. I state these facts to show, not what was your right, but what has been your settled 
policy. Our revenue laws have usually a title, purporting their being grants ; and the words (.' 
give and grant usually precede the enacting parts. Although duties were imposed on America, 
in acts of king.Charles the second, and in acts of king William, no one title of giving 'an aid to hisj 
majesty,' or any other of the usual titles to revenue acts, was to be found in any of them till 1764 j j! 
nor were the words ' give and grant' in any preamble until the 6th of George the second. How-' 
ever, the title of this act of George the second, notwithstanding the words of donation, considers Up 
merely as a regulation of trade, ' an act for the better securing of the trade of his majesty's sugar i 
colonies in America.' This act was made on a compromise of all, and at the express desire of *>: 
part, of the colonies themselves. It was therefore in some measure with their eonsent ; and having I 
a title directly purporting only a commercial regulation, and being in truth nothing more, the t 
words were passed by, at a time when no jealousy was entertained, and things were little scrutN; 
mized. Even governor Bernard, in his second printed letter, dated in 1763, gives it as his opinion,, 
that ' it was an act of prohibition, not of revenue.' This is certainly true, that no act avowedly j 
for the purpose of revenue, and with the ordinary title and recital taken together, is found in the' 
statute book until the year I have mentioned ; that is, the year 1764. All before this period stood j 
on commercial regulation and restraint. The scheme of a eolony revenue by British authority', 
appeared therefore to the Americans in the light of a great innovation; the words of governour 
Bernard's ninth letter, written in November 1765, states this idea very strongly ; ' it must,' says he, ; 
'have been supposed, such an innovationas a parliamentary taxation, would cause a great alarm, 
and meet with much opposition in most parts of America. It was quite neiv to the people, and 
had no visible bounds set to it.' After stating the weakness of. government there, he saya, 
'was this a time to introduce so great a novelty as a parliamentary inland taxation in America ?* ; l 
Whatever the right might have been, this mode of using it was absolutely new in policy and A 
practice. 

" Sir, they who are friends to the schemes of American revenue say, that the commercial re- * 
straint is full as hard a law for America to live under. I think so too. I think it, if uncompensa- 'j 
ted, to be a condition of as rigorous servitude as men can be subject to. But America bore it from r j 

ing, and then attribute their want of success, not to its true cause, their own -want of integrity j 
and importance, but to the effect of places, pensions, and corruption. J\Iay it not be asked, Are j 
the people on the court side more united than on the other? Are not the Tories, Jacobites, and I'j 
Patriots equally determined ? What makes this strict union ? What cements this heterogeneous \ j 
mass ? Party engagements and personal attachments. However different their views and j 
principles, they all agree in opposition. The Jacobites distress the government they ivoidd sub- 
vert; the tories contend for party prevalence and power. The Patriots, for discontent and dis- 
appointment, woidd change the ministry, that themselves might exclusively succeed. They have \ 
laboured this point twenty years unsuccessfully ; they are impatient of longer delay. They |1 
clamour for change of measures, but mean only change of ministers. 

" In party contests, why should not both sides be equally steady? Boes not a whig administra- j:| 
tion as well deserve the support of the whigs, as the contrary ? Why is not principle the cement J 
in one as well as the other, especially when they confess, that all is levelled against one man ? ? 
Why this one man ? Because they think, vainly, nobody else could withstand them. All others L 
are treated as tools and vassals. 'The one is the corrupter ; the numbers corrupted. But whence \ 
this cry of corruption, and exclusive claim of honourable distinction ? Compare the estates, | 
characters, and fortunes of the commons on one side, with those on the other. Let the matter be J 
fairly investigated. Survey and examine the individuals who usually support the measures of j 
government, and those who are in opposition. Let us see to 7uhose side the balance preponder- G 
ates. Look round both houses, and see to which side the balance of virtue and talents prepond- l 
erates ? Are all these on one side, and not on the other ? Or are all these to be counterbalan- ', 
eed by an affected claim to the exclusive title of patriotism ! Gentlemen have talked a great deal ', 
of patriotism. A venerable word, when duly practised. But I am sorry to say, that of late it \ 
has been so much hackneyed about, that it is in danger of fulling into disgrace. The very idea 
of true patriotism is lost; and the term has been prostituted to the very worst of purposes. A L 
PATRIOT, sir ! — Why patriots spring up like mushrooms ! I could raise fifty of them within 
the four and twenty hours. I'have raised many of them in one night. It is" but refusing to , 
gratify an tmreasonable or an insolent demand, and up starts a patriot. I have never been 
afraid of making patriots ; but I disdain and desj/ise all their efforts. But this pretended \ 
virtue proceeds from personal malice, and from disappointed ambition. There is not a man ',' 
amongst them whose particular aim 1 am not able to ascertain, and from what motive they have 
entered into the lists of opposition. 

" I shall now consider the articles of accusation which they have brought agai?ist me, and 
which they, have not thought fit to reduce to specif ck charges ; and I shall consider these in the 
same order as that in which they were placed by the honourable member who made the motion. 
First, in regard to foreign affairs ; seco?idly, to doniestick affairs ; and, thirdly, to the q'qe,'-* 
duct of the wor."(l) 

(1) The motion for his dismissal was rejectedby an unusual majority. 



11775, Maj.\ HISTORICAL NOTES, &c 



APPENDIX— Part 1st— Miscellaneous. (Geo. Grenville, 1764.) 

the fundamental act of navigation until 17G4.— Why ? Because men do bear the inevitable consti- 
tution of their original nature with all its infirmities. The act of navigation attended the colonies 
from their infancy, grew with their growth, and strengthened with their strength. They were 
confirmed in obedience to it, even more by usage than by law. They scarcely had remembered 
lj a time when they were not subject to such restraint. Besides, they were indemnified for it by a 
pecuniary compensation. Their monopolist happened to be one of the richest men(l) in the world. 
I By his immense capital (primarily employed, not for their benefit, but his own) they were ena- 
;! bled to proceed with their fisheries, their agriculture, their ship building, and their trade too, 
i| within the limits, in such a maimer as got far the start of the slow, languid operations, of unassisted 
] nature. This capital was a hot bed to them. Nothing in the history of mankind is like their pro- 
! gress. For my part, 1 never cast an eye on their flourishing commerce, and their cultivated and 
commodious life, but they seem to me rather ancient nations, grown to perfection through a long 
i series of fortunate events, and a train of successful industry, accumulating wealth in many ceutu- 
;j ries, than the colonies of yesterday ; than a set of miserable oat casts, a few years ago, not so much 
I sent as thrown out, on the bleak and barren shore of a desolate wilderness, three thousand miles 
;] from all civilized intercourse. 

" All this was done by England, whilst England pursued trade, and forgot revenue. You not only 
' acquired commerce, but you actually created the very objects of trade in America ; and by that 
! sreation you raised the trade of this kingdom at least four fold. America had the compensation. 
l! of your capital, which made her bear her servitude. She had another compensation, which yon 
jj are now going to take away from her. She had, except the commercial restraint, every charac- 
! teristick mark of a free people in all her internal concerns. She hud the image of the British con- 
, stitution. She had the substance. She was taxed by her own representatives. She chose most 
! of her own magistrates. She paid them all. She had in effect the sole disposal of her own in- 
'. ternal government. This whole state of commercial servitude and civil liberty, taken together, 
is certainly not perfect freedom ; but comparing it with the ordinary circumstances of human na- 
ture, it was a happy and a liberal condition. 

" Whether you were right or wrong in establishing the colonies on the principles of commercial 
monopoly, rather than on that of revenue, is at this day a problem of mere speculation. You can- 
not have both by the same authority. To join together the restraints of a universal internal and 
external monopoly, with a universal internal and external taxation, is an unnatural union, perfect 
uncompensated slavery. You have long since decided for yourself and them; and you and they 
have prospered exceedingly under that decision. 

" This nation, sir, never thought of departing from that choice, until the period immediately on 
the close of the last war. Then a scheme of government, new in many things, seemed to have 
been adopted. I saw, or thought I saw, several symptoms of a great change, whilst I sat in jour 
gallery, a good while before I had the honour of a seat in this house. At that period the necessity 
■was established, of keeping up no less than twenty new regiments, with twenty colonels capable of 
seats in this house. This scheme was adopted with very general applause from all sides, at the 
very time that, by your conquests in America, your danger from foreign attempts in that part of 
the world was much lessened, or indeed rather quite over. When this huge increase of military 
establishment was resolved on, a revenue was to be found to support so great a burden. Country 
gentlemen, the great patrons of oeconomy, and the great resisters of a standing armed force, would 
not have entered with much alacrity into the vote, for so large and so expensive an army, if they 
had been very sure that they were to continue to pay for it But hopes of another kind were held 
out to them : and in particular, I well remember, that Mr. Townshend, in a brilliant harangue on 
this subject, did dazzle them, by playing before their eyes the image of a reveuue to be raised in 
America. 

*' Here began to dawn the first glimmerings of this new colony system. It appeared more dis- 
tinctly afterwards, when it was devolved upon a person (z) to whom, on other accounts, this 
•ountry owes very great obligations. I do believe, that he had a very serious desire to benefit the 
publick. But with no small study of the detail, he did not seem to have his view, at least equally, 
earried to the total circuit of our affairs. He generally considered his objects in lights that were 
rather too detached. Whether the business of an American revenue was imposed upon him alto- 
gether; whether it was entirely the result of his own speculation ; or, what is more probable, that 
his own ideas rather coincided with the instructions he had received; certain it is, that, with the 
best intentions in the world, he first brought this fatal scheme into form, and established it by 
act of parliament. 

" No man can believe, that at this time of day I mean to lean on the venerable memory of a 
great man, whose loss we deplore in common. (3) Our little party differences have bet n long ago 
composed ; and 1 have acted more with him, and certain!} with more pleasure with him, than ever 
I acted against him. Undoubtedly Mr. Grenville was a first rale figure in ibis country. With * 
masculine understanding, and a stout and resolute heart, he had an app'lcation undissipated and 
unwearied. He took publick business, not as a duty which he was to fulfil, but as a pleasure he 
■was to enjoy ; and he seemed to have no deli, lit out of this house, except in such tilings as some 
■way related to the business that was to be done within it. If he was ambitious, I will say this for 
him, his ambition was of a noble and generous strain. It was to raise himself, not bj the low, 
pimping, politicks of a court;; but to win bis way to power, through the laborious gradations of 

(I) John Bull. (2) Mr. Grenvi(le. ' (3) Mr. G. dka\ July 30th 1770. see p. 49. 



!6 [177 5 , Mav.l HISTORICAL NOTES, &t. 



APPENDIX— Part lst-n^fiseeffaneouf. (Geo. Grenville, 1764.) 

publick service ; and to secure himself a well earned rank in parliament, by a thorough knowledge 
of its constitution, and a perfect practice in all its business. 

" Sir, if such a man fell into errours, it must be from defects not intrinsical ; they must be rather 
sought in the particular habits of his life ; which, though they do not alter the groundwork of cha- 
racter, yet tinge it with their own hue. He was bred in a profession. He was bred to the law, 
which is, in my opinion, one of the first and noblest of human sciences ; a science which does more 
to quicken and invigorate the understanding, than all the other kinds of learning put together ; 
but it is not apt, except in persons very happily born, to open and to liberalize the mind exactly in 
the same proportion. Passing from that study, he did not go very largely into the world; but plun- 
ged into business; I mean into the business of office; and the limited and fixed methods and forms 
established there. Much knowledge is to be had undoubtedly in that iine ; and there is no know- 
ledge which is not valuable. But it may be truly said, that men too much conversant in office, are 
rarely minds of remarkable enlargement. Their habits of office are apt to give them a turn, to 
think the substance of business not to be much more important, than the forms in which it is con- 
ducted. These forms are adapted to ordinary occasions; and therefore persons who are nurtured 
in office do admirably well, as long as things go on in their common order; but when the high 
roads are broken up, and the waters out, when a new and troubled scene is opened, and the file 
affords no precedent ; then it is that a greater knowledge of mankind, and a far more extensive 
comprehension of things is requisite, than ever office gave or than office can ever give. Mr. Gren- 
ville, thought better of the wisdom and power of human legislation, than in truth it deserves. He 
conceived, and many conceived along with him, that the flourishing trade of this country was 
greatly owing to law and institution, and not quite so much to liberty ; for but too many are apt to 
Lelieve regulation to be commerce, and taxes to be revenue. Among regulations, that which stood 
first in reputation was his idol. I mean the act of navigation. He has often professed it to be so. 
The policy of that act is, I readily admit, in many respects well understood. But I do say, that if 
the act be suffered to run the full length of its principle, and is not changed and modified, accord- 
ing to the change of times and the fluctuation of circumstances, it must do great mischief, and 
frequently even defeat its own purpose. 

"After the war, and in the last years of it, the trade of America had increased far beyond the 
speculations of the most sanguine imaginations. It swelled out on every side. It filled all its pro- 
per channels to the brim. It overflowed with a rich redundance, and breaking its banks on the 
right aud on the left, it spread out upon some places, where it was indeed improper, upon others 
where it was only irregular. It is the nature of all greatness not to be exact; and great trade 
will always be attended with considerable abuses. The contraband will always keep pace in 
some measure with the fair trade. It should stand as a fundamental maxim, that no vulgar pre- 
caution ought to be employed in the cure of evils, which are closely connected with the cause of 
our prosperity. Perhaps this great person turned his eye somewhat less than was just, towards 
the incredible increase of the fair trade; and looked with something of too exquisite a jealousy to- 
wards the contraband. He certainly felt a singular degree of anxiety on the subject; and even 
began to act from that passion earlier than is commonly imagined. For whilst he was first lord of 
the admiralty, though not strictly called upon in his official line, he presented a very strong me- 
morial to the lords of the treasury (my lord Bute was then at the head of the board) heavily com- 
plaining of the growth of the illicit commerce in America. Some mischief happened even at 
that time from this over-earnest zeal. Much greater happened afterwards, when it operated with 
greater power in the highest department of the finances. The bonds of the act of navigation were ' 
Straitened so much, that America was on the point of having no trade, either contraband or legiti- | 
mate. They found, under the construction and execution then used, the act no longer tying, but 
actually strangling them. All this coming with new enumerations of commodities; with regula- 
tions, which in a manner put a stop to the mutual coasting intercourse of the colonies ; with the \ 
appointment of courts of admiralty under various improper circumstances; with a sudden extinc- 
tion of the paper currencies; with a compulsory provision for the quartering of soldiers; the people 
of America thought themselves proceeded against as delinquents, or at best as people under suspicion 
of delinquency : and iu such a manner, as they imagined, their recent services in the war did not 
it all merit. Any of these innumerable regulations, perhaps, would not have alarmed alone ; some 
might be thought reasonable ; the multitude struck them with terrour. 

" Bui .he grand manoeuvre in that business of new regulating the colonies, was the 15lh act of 
the fourth of George HI, (I) which, besides containing several of the matters to which I have just 
alluded, opened a new principle : aud here properly began the second period of the policy of this 
eouuti-y with regard to the colonies, by which the scheme of a regular plantation parliamentary 
revenue was adopted in theory, and settled in practice. A revenue not substituted in the place of; 
bni superadded to a monopoly ; which monopoly was enforced at the same time with additional 
Strictness, and the execution put into military hands. 

"This act, sir, had for the first time the title of 'granting duties in the colonies and plantations 
of America; and lor the first time it was asserted in the preamble, 'that it w&sjust and necessary 
that a revenue should be raised there.' Then came the technical words of 'giving and granting"' 
and thus a complete American revenue act was made in all the forms, and with a full avowal of 
the right, equity, policy, and even necessity of taxing the colonies, without anv formal consent of 
theirs. There are contained also in the preamble to that act these rery remarkable words— the 



(l) Sugar act? A'p. 5, 1764. 



[1775, May.] HISTORICAL NOTES, &c. 237 



APPENDIX— Part 1st.— Miscellaneous. (Geo. Grenville, 1764.) 

commons, &c. — 'being desirous to make some provision in the present session of parliament to- 
wards raising the said revenue.' By these words it appeared to the colonies, that this act w:»s but 
a beginning of sorrows; that every session was to produce something of the same kind; that we 
were to go on from day to day, in charging them with such taxes as we pleased, lor such ft military 
force as we should think proper. Had this plan been pursued, it was evident that the provincial 
assemblies, in which the Americans felt all their portion of importance, and beheld their sole image 
of freedom, were ipso facto annihilated. This ill prospect before them seemed to be boundless in 
extent, and ejdless in duration. Sir, they were not mistaken. The ministry valued themselves 
when this act passed, and when they gave notice of the stamp act, that both of the duties came 
very short of their ideas of American taxation. Great was the applause of this measure here. 
In Eng.and we cried out for new taxes on America, whilst they cried out, that they were nearly 
crushed with those which the war and their own grants had brought upon them." 

ROCKINGHAM ADMINISTRATION. (1765) 

It will be in the recollecron of readers, that, Mr. Grenville 1 s administration ceased in July 
1765, when the Rockinghaai ministry came in, who finally repealed the stamp act. 

In the debate of JLp. 1/74, those who opposed the repeal, of the remaining duty in the act of 1767, 
had charged the Rockingham ministry with vacillation, and timidity, not determining upon it till 
they were driven into it by Mr. Pitt, and then not without the " declaratory act ;" a measure as 
obnoxious as tiie law they repealed : This is Mr. Burke's defence of that administration. 

" Tims, sir, I have disposed of this fanehood. But falsehood has a perennial spring. It is said, 
that uo conjecture could be made of the dislike of the colonies to the principle. This is as untrue 
as the other. After the resolution of the house, and before the passing of the stamp act, the col- 
onies of Massachusetts-Bay and New-York did send remonstrances, objecting to this mode of par- 
liamentary taxation. What was the consequence? They were suppressed; they were putuuder 
the table ; notwithstanding an order of council to the contrary, by the ministry which composed 
the very council that had made the order; and thus the house proceeded to its business of taxing, 
without the least regular knowledge of the objections which were made to it. But to give that 
house its due, it was not over desirous to receive information, or to hear remonstrance. Q;. the 
15tn of February 1765, whilst the stamp act was under deliberation, they refused with scorn even 
so much as to receive four petitions, presented from so respectable colonies as Connecticut, 
Rhode-Island, Virginia, and Carolina ; besides one from the traders of Jamaica. As to the colo- 
nies, they had no alternative left to them, but to lisobey, or to pay the taxes imposed by that 
parliament, which was not suffered, or did not suffer itself, even to hear them remonstrate upon 
the subject. 

" This was the state of the colonies before his majesty thought fit to change his ministers. 
It stands upon no authority of mine. It is proved by incontrovertible records. The honourable 
gentleman has desired some of us to lay our hands upon our hearts, and answer to his queries 
upon the historical part of this consideration ; and by his manner (as well as my eyes could dis- 
cern it) he seemed to address himself to me. 

" Sir, I will answer him as clearly as I am able, and wilh great openness. I have nothing to 
conceal. In the year sixty -five, being in a very private station, far enough from any line of busi- 
ness, aud not having the honour of a seat in this house, it was my fortune, unknowing and un- 
known to the then ministry, by the intervention of a common friend, to become connected with a 
very noble person, and at the head of the treasury department. (1) It was indeed in a situation of 
little rank and no consequence, suitable to the mediocrity of my talents and pretensions. But a 
situation near enough to enable me to see, as well as others, what was going on ; and I did see in 
that noble person such sound principles, such an enlargement of mind, such clear and sagacious 
sense, and such uushaken fortitude, as have bound me, as well as others much better than me, 
by an inviolable attachment to him from that time forward. Sir, lord Rockingham very early 
in that summer, received a strong representation from many weighty English merchants and man- 
ufacturers, from governours ot provinces and commanders of men of war, sgainst almost the 
whole of the American commercial regulations; and particularly with regard to the total ruin 
which was threatened to the Spanish trade. I believe, sir, the noble lo: d soon saw his way in tlu> 
business. But he did not rashly determine against acts which it might be supposed were the re* 
suit of much deliberation. However, sir, he scarcely began to open the ground, when the whole 
veteran body of office took the alarm. A violent outcry of all (except those who knew and felt 
the. mischief ) was raised against any alteration. On one hand, his attempt was a direct violation 
of treaties and publick law. On the other, the act of navigation and all the corps of trade laws 
were drawn up in array against it. , _ 

The first step the noble lord took, was to have the opinion of his excellent, learned, and ever 
lamented friend the late Mr. Yorke, then attorney general, on the point of law. When he 
knew that formally and officially, which in substance he had known before, he immediately des- 
patched orders to redress the grievance. (-2) But I will say it for the then minister, he is of that 
constitution of mind, that I know he would have issued, on the same critical occasion, the very 

(I) l$rd Rockingham. (2) Relative to contraband trade. 
30 



238 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— Miscellaneous. (Rockingham Ministry, 1765.) 

game orders, if the acts of trade had been, as they were not, directly against him ; and would have 
eheerfuHy submitted to the equity of parliament for his indemnity. 

" On the conclusion of this business of the Spanish trade, the news of the troubles, on account 
of the stamp act, arrived in England. It was not until the end of October, that these accounts 
were received. No sooner had the sound of that mighty tempest reached us iu England, than 
*he whole of the then opposition, instead of feeling humbled by the anhappy issue of their mea- 
sures, seemed to be infinitely elated, and cried out, that the ministry, from envy to the glory of 
their predecessors, were prepared to repeal the stamp act. Near nine years after, the honourable 
gentleman takes quite opposite ground, and now challenges me to put my hand to my heart, 
and say, whether the ministry had resolved on the repeal, till a considerable time after the meet- 
ing of parliament. Though I do not very well know, what the honourable gentleman wishes to 
infer from the admission or from the denial of this fact, on which he so earnestly adjures me, I 
do put my hand on my heart, and assure him, that they did not come to a resolution directly to 
jsepeal. They weighed this matter as its difficulty and importance required. They considered 
maturely among themselves. They consulted with all who could give advice or information. It 
was not determined until a little before the meeting of parliament ; but it was determined, and 
the main lines of their own plan marked out, before that meeting. Two questions arose. I hope 
I am not going into a narrative troublesome to the house. 
[A cry of go on, go on.] 
*' The first of the two considerations was, whether the repeal should be total, or whether only 
partial ; taking out every thing burdensome and productive, and reserving only an empty ac- 
knowledgment, such as a stamp on cards or dice. The other question was, on what principle 
the act should be repealed ? On this head also two principles were started. One, that the legis- 
lative rights of this country with regard to America, were not entire, but had certain restrictions 
and limitations. The other principle was, that taxes of this kind were contrary to the fundamen- 
tal principles of commerce on which the eolonies were founded ; and contrary to every idea 
of political equity ; by which equity we are bound, as much as possible, to extend the spirit and 
benefit of the British constitution, to every part of the British dominions. The option, both of 
the measure and of the principle of repeal, was made before the session ; and I wonder how 
any one can read the king's speech at the opening of that session, without seeing in that speech, 
both the repeal and the declaratory act very sufficiently crayoned out. Those who cannot see 
this can see nothing. 

" Surely the honourable gentleman will not think, that a great deal less time than was then em- 
ployed, ought to have been spent in deliberation ; when he considers that the news of the troubles 
did not arrive till towards the end of October. The parliament sat to fill the vacancies, on the 
14th day of December, and on business, the 14th of the following January. 

" Sir, a partial repeal, or, as the bon ton of the court then was, a modification, would have sat- 
isfied a timid, unsystematick, procrastinating ministry, as such a measure has since done such a 
ministry. A modification, is the constant resource of weak undeciding minds. To repeal by a 
denial of our right to tax iu the preamble (and this too did not want advisers) would have cut, in 
the heroick style, the gordian knot with a sword. Either measure would have cost no more 
than a day's debate. But when the total repeal was adopted, and adopted on principles of policy, 
of equity, and of commerce ; this plan made it necessary to enter into many and difficult measures. 
It became necessary to open a very large field of evidence, commensurate to these extensive 
views. But then this labour did knights service. It opened the eyes of several to the true state 
of the American affairs ; it enlarged their ideas ; it removed prejudices ; and it conciliated the 
•pinions and affections of men. The noble lord, who then took the lead in the administration ; 
my honourable friend (1) under me ; and a right honourable gentleman ;(2) (if he will not reject 
his share, and it was a large one, of this business) exerted the most laudable industry in bringing 
before you the fullest, most impartial, and least garbled body of evidence, that ever was produced 
to this house. I think the inquiry lasted in the committee for six weeks ; and at its conclusion 
this house, by an independent, noble, spirited, and unexpected majority ; by a majority that will 
redeem all the acts ever done by majorities in parliament, in the teeth of all the old mercenary 
Swiss of state, in despite of all the speculators and augurs of political events, in defiance of the. 
■whole embattled legion of veteran pensioners and practised instruments of a court, gave a total 
repeal to the stamp act, (3) and (if it had been so permitted) a lasting peace to this whole 
empire. 

" I state, sir, these particulars, because this act of spirit and fortitude has lately been, in the cir- 
culation of the season, and in some hazarded declamations in this house, attributed to timidity. 
If sir, the conduct of ministry, in proposing the repeal, had arisen from timidity with regard to 
themselves, it would have been greatly to be condemned. Interested timidity disgraces as much 
in the cabinet, as personal timidity does in the field. But timidity, with regard to the well being 
©four country, is heroick virtue. The noble lord who then conducted affairs, and his worthy 
•olleagues, whilst they trembled at the prospect of such distresses as you have since brought upon 
yourselves, were not afraid steadily to look in the face, that glaring and dazzling influence at which 
the eyes of eagles have blenched. He looked in the face one of the ablest, and, let me say, not 
the most scrupulous oppositions, that perhaps ever was in this house, and withstood it, unaided by 
cv»n one of the usual supporters of administration. He did this when he repealed the stamp acU 

(1) Mr. OoiniesTveU. (2) General Conway. (3) Mar. 19, 1766, 



11775, May.] HISTORICAL NOTES, &c. 239 



APPENDIX— Part 1st.— Miscellaneous. (Rockingham Ministry, 1765.) 

He looked in the face a person he had long respected and regarded, and whose aid was then par* 
Secularly wanting. I mean lord Chatham. (I) He did this when he passed the declaratory act. 

" It is now given out, for the usual purposes, by the usual emissaries, that lord Rockingham did 
not consent to the repeal of this act, until he was bullied into it by lord Chatham ; and the report- 
ers have gone so far as publickly to assert, in a hundred companies, that the honourable gentle- 
man under the gallery, (2) who proposed the repeal in the American committee, had another set 
of resolutions in his pocket directly the reverse of those he moved. These artifices of a desperate 
cause, are at this time spread abroad with incredible care in every part of the towu, from the 
highest to the lowest companies ; as if the industry of the circulation were to make amends, for the 
absurdity of the report 

" Sir, whether the noble lord is of a complexion to be bullied by lord Chatham, or by any man, 
I must submit to those who know him. 1 confess, when I look back to that time, I consider hint 
as placed in one of the most trying situations in which, perhaps, any man ever stood. In the house 
of peers there were very few of the ministry, out of the noble lord's own particular connexion 
(except lord Egmont, who acted, as far as I could discern, an honourable and manly part) that 
did not look to some other future arrangement, which warped his politicks. There were in botb 
houses new and menacing appearances, that might very naturally drive any other than a most 
resolute minister, from his measure or from his station. The household troops openly revolted. 
The allies of ministry (those I mean who supported some ot their measures, but refused respon- 
sibility lor any) endeavoured to undermine their credit, and to take ground that must be fatal to 
the success, of the very cause which they would be thought to countenance. The question of the 
repeal, was brought on by ministry, in the committee of this house, in the very instant when it was 
known, that more than one court negotiation was carrying on with the heads of the opposition. 
Every thing, upon every side, was full of traps and mines. Earth below shook; heaven above 
menaced ; all the elements of ministerial safety were dissolved. It was in the midst of this chaos 
of plots and counter plots ; it was in the midst of this complicated warfare against publick opposi- 
tion and private treachery; that the firmness of that noble person was put to the proof. He never 
stirred from his ground ; no, not an inch. He remained fixed and determined, in principle, im 
measure, and in conduct. Ho practised nn managements. Hp «p/>.mv»rl nn> retreat. He sought 
no apology. 

"I will likewise do justice, I ought to do it, to the honourable gentleman who led us in this 
house. (2) Far from the duplicity wickedly charged on him, he acted his part with alacrity and 
resolution. We all felt inspired by the example he gave us, down even to myself, the weakest in 
that phalanx. I declare for one, I knew well enough (it could not be concealed from any body) 
the true state of things ; but, in my life, I never came with so much spirits into this house. It 
was a time for a man to act in. We had powerful enemies ; but we had faithful and determined 
friends ; and a glorious cause. We had a great battle to fight ; but we had the means of fighting 5 
not as now, when our arms are tied behind us. (3) We did fight that day and conquer. 

" I remember, sir, with a melancholy pleasure, the situation of the honourable gentleman(2} 
who made the motion for the repeal, in that crisis, when the whole trading interest of this empire, 
crammed into your lobbies with a trembling and anxious expectation ; waited, almost to a winter's 
return of light, their fate from your resolutions. When, at length, you had determined in their 
favour, and your doors thrown open, showed them the figure of their deliverer in the well earn- 
ed triumph of his important victory, from the whole of that grave multitude, there arose an invol- 
untary burst of gratitude and transport. They jumped upon him like children on a long absent 
father. They clung upon him as captives about their redeemer. All England, all America, join- 
ed to his applause. Nor did he seem insensible to the best of all earthly rewards, the love and 
admiration of his fellow citizens. Hope elevated and joy brightened his crest. I stood near him ; 
and his face, to use the expression of the scripture of the first martyr, " his face was as if it had 
been the face of an angel." I do not know how others feel; but if I had stood in that situation, I 
never would have exchanged it for all that kings in their profusion could bestow. I did hope, 
that that day's danger and honour would have been a bond, to hold us all together forever. But 
alas ! that, with other pleasing visions, is long since vanished. 

" Sir, this act of supreme magnanimity has been represented, as if it had been a measure of 
an administration that, having no scheme of their own, took a middle line, pilfered a bit from 
one side, and a bit from the other. Sir, they took no middle lines. They differed fundamentally 
from the schemes of both parties ; but they preserved the objects of both They preserved the 
authority of Great Britain. They preserved the equity of Great Britain. They made (Ae decla- 
ratory act. They repealed the stamp act. They did both jully, because the declaratory act was 
without qualification; and the repeal of the stamp act total. This they did in the situation I have 
described. 

" Now, sir, what will the adversary say to both these acts ? F the principle of the declaratory 
act was not good, the principle we are contending for this day is monstrous. V the principle of 
the repeal was not good, why are we not at war for a real substantial effective revenue > II both 
were bad, why has this ministry incurred all the inconveniencies of both, and of all schemes? Why 
have they enaeted, repealed, enforced, yielded, and now attempt to enforce againi 1 " 

(1) Tim, Mr. Pitt. (2) General Conway. (3)^.1774, 



240 (1775, May.] HISTORICAL NOTES, &c. 

APPENDIX— Part 1st.— Miscellaneous. 
GRAFTON MINISTRY, 1766— LORD CHATHAM. 

Mr. Burke in his speech (Ap. 1774,) when he came to what he called the third period of Amer» 
ica-i taxation, (Townshend's bills in 1767,) describes the character of Id. Chatham, whose misfor- 
tune it was, to form that very ministry in 1766, — which revived this, odious poiiey ; and follows it 
with the character of Chs, Townshend : Mr Burke thus proceeds ; 

" 1 have done with the third period of your policy ; that of your repeal ; (1 ) and the return of 
your ancient system, and your ancient tranquility and concord. Sir, this period was not as long as 
it was happy. Another scene was opened, and other actors appeared on the stage. The state, in 
the condition I have described it, was delivered into the hands of lord Chatham — a great and cele- 
brated name ; a name that keeps the name of this country respectable in every other on the globe., 
It may be truly called, 

Clarum et venerabile nomen 
Gentibus, et multum nostra quod proderat urhi. 

u Sir, the venerable age oi this great man, his merited rank, his superior eloquence, his splen- 
did qualities, his eminent services, the vast space he fills in the eye of mankind ; and, more than 
all the rest, his fall from power, which like deaib, canonizes and sanctifies a great character; will 
not suffer me to censure any part of his conduct I am afraid to flatter him ; I am sure I am not 
disposed to blame him. Let those who have betrayed him by their adulation, insult him with 
their malevolence. But what I do not presume to censure, I may have leave to lament. For a wise 
man, he seemed to me at that time, to be governed too much by general maxims. I speak with 
the freedom of history, and, I hope, without offence. One or two of these maxims, flowing from 
an opinion not the most indulgent to our unhappy species, and surely a little too general, led him 
into measures that were greatly mischievous to himself; and for that reason among others per- 
haps, fatal to his country : measures, the effects of which I am afraid, are forever incurable. He 
made an administration, so checkered and speckled ; (2) he put together a piece of joinery, so 
crossly indented and whimsically dovetailed; a cabinet so variously inlaid ; such a piece of diversi- 
fied mosaick; such a tesselated pavement without cement ; here a bit of black stone, and there a 
bit of white : patriots and courtiers, King's friends and republicans, whigs and tories, treacherous 
friends and opeu enemies; that it was indeed a very curious show, but utterly unsafe to touch, 
and unsure to stand on. The colleagues whom he hud assorted at the same boards, stared at 
each other, and were obliged to ask, * Sir, your name ? — Sir, you have the advantage of me —Mr. 
such-a-one — 1 beg a thousand pardons.' I venture to say, it did so happen, that persons had a 
single office divided between them, who had never spoke to each other in their lives ; until they 
found themselves, they knew not how, pigging together, heads and points, in the same truckle 
bed. (3) 

" Sir, in consequence of this arrangement, having put so much the larger part of his enemies 
and opposers into power, the confusion was such, that his own principles could not possibly have 
any effect or influence in the conduct of affairs. If ever he fell into a fit of the gout, or if any 
Oilier cause withdrew him from publick cares, principles directly the contrary were sure to pre- 
dominate. When he had executed his plan, he had not an inch of ground to stand upon. When 
he had accomplished his scheme of administration, he was no longer a minister. 

" When his face was hid but for a moment, his whole system was on a wide sea, without chart or 
Compass. The gentlemen, his particular friends, who, with the names of various departments of 
ministry, were admitted to seem as if they acted a part under him, with a modesty thai becomes 
all men, and with a confidence in him, which was justified even in its extravagance by his supe- 
riour abilities, had never, in any instance, presumed upon any opinion of their own. Deprived of 
his guiding influence, they were whirled about, the sport of every gust, and easily driven into any 
port; and as those who joined with ihem in manning the. vessel, were the most directly opposite 
to his opinions, measures, and character, and far the most artful and most powerful of the set; 
they easily prevailed, so as to seize upon the vacant, unoccupied, and derelict minds of his friends, 
and instantly they turned the vessel wholly out of the course of his policy. As if it were to insult 
as well as to betray him ; even long before the close of the first session of his administration, when 
every thing was publickly transacted, and with great parade, in his name ; they made an act, (4) 
declaring it highly just and expedient to raise a revenue in America. For even then, sir, even 
before this splendid orb was entirely set, and while the western horizon was in a blaze with his 
descending glory, on the opposite quarter of the heavens arose another luminary, and, for his hour, 
became \ord of the ascendant. 

" This light too is passed and set for ever. You understand, to be sure, that I speak of Charles 
To-wnshend, officially the reproducer of this fatal scheme; whom I caunot even now remember 
without some degree of sensibility. In truth, sir, he was the delight and ornament of this house, 
~and the charm of every private society which he honoured with his presence. Perhaps there 
never arose in t?Vis country, nor in any country, a man of a more pointed and finished wit; and 
■(where his passions were not concerned) of a more refined, exquisite, and penetrating judgment. 
If he had not so grtat a stock, as some have had who flourished formerly, of knowledge long 

(1) Of the stamp act, 1766, Mar. 19. (2) The Graf ton administration. (3) Supposed 
to allude to the right honourable lord North, and George Cooke, esq. ivho were made joint pay- 
masters in the summer of 1 766, on the removal of the Bockingham administration. (4) Act of 
JTitae 29, 1767, Glass act €&, 



\[1775, May.] HISTORICAL NOTES, &c. 241 

APPENDIX— Part 1st.— Miscellaneous. (CHS. TQWNSHEND, 1766.) 

i treasured up, he knew better by ' r, than any man I ever was acquainted with, how to bring to- 
! gether within a short time, all that was necessary to establish, to illustrate, and to decorate iliat 
| side of the question he supported. He stated his matter skilfully and powerfully. He particularly 
I excelled, in a most luminous explanation and display of his subject. His style of argument was 
| neither trite and vulgar, nor subtle and abstruse. He hit the house just between wind and water. 
— And not being troubled with too anxious a zeal for any matter in question, he was never more 
i tedious, or more earnest, than the pre-couceived opinions, and present temper of his hearers re- 
quired ; to whom he was always in perfect unison. He conformed exactly to the temper of the 
house ; and he seemed to guide, because he was always sure to follow it. 
" I beg pardon, sir, if when 1 speak of this and of other great men, I appear to digress in saying 
i something of their characters. In this eventful history of the revolutions of America, the cha- 
racters of such men are of much importance. Great men are the guide-posts and land-marks in 
| the state. The credit of such men at court, or in the nation, is the sole cause of all the publick 
I measures. It would be an invidious thing (most foreign I trust to what you think my disposition) 
! to remark the errours into which the authority of great names has brought the nation, with- 
out doing justice at the same lime to the great qualities, whence that authority arose. The 
subject is instructive to those, who wish to form themselves on whatever of excellence has gone 
before them. There are many young members in the house (such of late has been the rapid 
succession of publick men) who never Saw that prodigy Charles Toivnshend ; nor of course know 
what a ferment he was able to excite in every thing, by the violent ebullition of his mixed virtues 
and failings. For failings he had undoubtedly. Many of us remember them. We are this day 
considering the effect of them. But he had no failings which were not owing to a noble cause ; to 
an ardent, generous, perhaps an immoderate passion for fame ; a passion which is the instinct of ali 
great souls. He worshipped that goddess wheresoever she appeared ; but he paid his particular 
devotions to her in her favourite habitation, in her chosen temple, the house of commons. Be- 
sides the characters of the individuals that compose our body, it is impossible, Mr Speaker, not to 
observe, that this house has a collective character of its own. That character too, however im- 
perfect, is not unamiable. Like all great publick collections of men, you possess a marked love of 
virtue, and an abhorrence of vice. But among vices, there is none, which the house abhors in the 
same degree with obstinacy. Obstinacy, sir, is certainly a great vice ; and in the changeful state 
of political affairs, it is frequently the cause of great mischief. It happens, however, very unfortu- 
nately, that almost the whole line of the great and masculine virtues, constancy, gravity, magnanimi- 
ty, fortitude, fidelity, and firmness; are closely allied to this disagreeable quality, of which you have 
so just an abhorrence ; and in their excess, all these virtues very easily fall into it. He, who paid 
such a punctilious attention to all your feelings, certainly took care not to shock them by that vice 
which is the most disgustful to you. 

"That fear of displeasing those who ought most to be pleased, betrayed him sometimes into the 
other extreme. He had voted, and in the year 1765, had been an advocate for the stamp act. 
Things and the disposition of men's minds were changed. In short, the stamp act began to be no 
favourite in this house. He therefore attended at the private meeting, in which the resolutions 
moved by a right honourable gentlemen ( Gen Conway) were settled ; resolutions leading to the re- 
peal. The next day he voted for that repeal ; and he would have spoken for it too, if an illness(not 
as was then given out apolitical, but to my kuowledge a very real illness,) had not prevented it. 

"The very next session, as the fashion of this world passeth away, the repeal began to be in as 
bad an odour in this house, as the stamp act had been in the session before. To conform to the 
temper which began to prevail, and to prevail mostly amongst those most in power, he declared, 
very early in the winter, that a revenue must be had out of America. Instantly he was tied down 
to ^\is engagements by some, who had no objection to such experiments, when made at the cost of 
persons for whom they had no particular regard. The whole body of courtiers drove him onward. 
They always talked as if the king stood in a sort of humiliated state, until something of the kind 
should ae done. 

" Her* this extraordinary man, then chancellor of the exchequer, found himself in great straits. 
To please universally was the object of his life ; but to tax and to please, no more than to fove and 
to be wise, is not given to men. However, he attempted it. To render the tax palatable to the 
partisans of American revenue, he made a preamble stating the necessity of such a revenue. To 
close with the American distinction, this revenue was external or port duty ; but again, to soften 
it to the other party, it was a duty of supply. To gratify the colonists, it was laid on the British 
manufactures ; to satisfy the merchants of Britain, the duty was trivial, and, except that on tea, 
which touched only the devoted East India company, on none of the grand objects of commerce. 
To counterwork the American contraband, the duty on tea was reduced from a shilling to three 
pence. But to secure the favour of those who would tax America, the scene of collection was 
changed, aud, with the rest, it was levied in the colonies. What need I say more ? This fine spun 
scheme had the usual fate of all exquisite policy. But the original plan of the duties, and the mode 
of executing that plan, both arose singly and solely from a love of our applause. He was truly the 
child of the house. He never thought, did or said any thing, but with a view to you. He every 
day adapted himself to your disposition, and adjusted himself before it as at a looking glass. 

" He had observed (indeed it could not escape him) that several persons, infinitely his inferiours 
in ali respects, had formerly rendered themselves considerable in this house by one method alone. 
They were a race of men (I hope in God the species is extinct) who, when they rose in their 
place, no man living could divine, from any known adherence to parties, to opinions, or to princi- 



MS [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (CHS. TOWNSHEND, 1766.) 

pies, from any order or system in their politicks, or from any sequel or connexion iu their, ideas., 
what part they were going to take in any debate. It is astonishing how much this uncertainty, 
especially at critical times, called the attention of all parties on such men. All eyes were fixed on 
them, all ears open to hear them. Each party gaped, and looked alternately for their vote, almost 
to the end of their speeches. While the house hung in this uncertainty, now the Ivear-hims rose 
from this side — now they rebellowed from the other ; and that party to whom they fell at length 
from their tremulous and dancing balance, always received them in a tempest of applause. The 
fortune of such men was a temptation too great to be resisted, by one to whom a single whiff of 
incense withheld, gave much greater pain, than he received delight iu the eloud3 of it which daily- 
rose about him, from the prodigal superstition of innumerable admirers. He was a candidate for 
contradictory honours ; and his great aim was, to make those agree in admiration of him, who never 
agreed in any thing else. 

" Hence arose this unfortunate act, (1) the subject of this day's debate ; from a disposition which» 
after making an American revenue to please one, repealed it to please others, and again revive -a 
in hopes of pleasing a third, and of catching something in the ideas of all." Burke's Sp. Ap. 19 li . r 

No. 5. 1765, Virginia Resolves, Stamp act, p. 21,2. 

At pages 21, 2, will be found the resolutions moved (or supposed to have been moved,) in the 
house of burgesses of Virginia, by the celebrated Patrick Henry, in May, 1765, in opposition to 
the stamp act, which had passed in March preceding. 

They are taken from Ch. Jus. Marshall's " life of Washington," published in 1804. Mr. Wirt iu 
his life of Henry, asserts, that the resolves published by the Ch. Justice are not those Mr. Henry 
offered, or which finally passed the house of" burgesses at that time ; and of consequence, that the 
Ch. Justice has been misled by some erroneous authority. 

This he establishes from a document, found among the papers of Mr Henry; from the perfect 
recollections of Mr. Jefferson, and Mr. Carrington, and from the journals of the house of burgesses: 
Mr. Henry died June 6, 1799; (2) after his death, says M. Wirt, " there was found among his 
papers, one sealed and thus endorsed : ' Inclosed are the resolutions of the Virginia assembly iu. 
■1765, concerning the stamp act. Let my executors open this paper.' Within was found the 
following copy of the resolutions, in Mr. Henry's hand-writing. 

1. "Resolved, That the first adventurers and settlers of this, his majesty's colony and do- 
minion, brought tvith them and transmitted to their posterity, and all other his majesty's subjects, 
since inhabiting in this, his majesty's said colony, all the privileges, franchises, and immunities, 
that have at any time been held, enjoyed, and possessed, by the people of Great Britain. 

2. " Resolved, That by two royal charters, granted by king James tfie first, the colonist 
aforesaid are declared entitled to all the privileges, liberties, and immunities, of denizens an*, 
natural born subjects; to all intents and purposes, as if they had been abiding and born within 
the realm of England. 

3. " Resolved, That the taxation of the people by themselves, or by persons chosen by them' 
selves to represent them, who can only know what taxes the people are able to bear, and the eas. 
est mode of raising them, and are equally affected by such taxes themselves ; is the distv • 
guishing characteristick of British freedom, and without which the ancient constitution cannot 
subsist. 

4. "Resolved, That Ms majesty's liege people of this most ancient colony, have uninterrupt- 
edly enjoyed the right of being thus governed by their own assembly, in the article of their taxes 
and internal police, and that the same hath never been forfeited, or any other way given up, bwt 
hath been constantly recognized by the King and people of Great Britain. 

5. " Resolved therefore, That the general assembly of this colony have the sole rig])/ and 
power, to lay taxes and unpositions upon the inhabitants of this colmiy ; and that every atumpt to 
vest such power in any person or persons whatsoever, other than the general assembly aforesaid) 
has a manifest tendency to destroy British as well as American freedom'' 

"On the back of the paper containing those resolutions, is the following endorsement which is 
also in the handwriting of Mr. Henry himself. ' The within resolutions passed the house of bur- 
gesses in May, 1765. They formed the first opposition to the stamp act, and the scheme of 
taxing America by the British parliament. All the colonies, either through fear, or want of op. 
portunity to form an opposition, or from influence of some kind or other, had remained silent. ■ 
I had been for the first time elected a burgess a few days before, was young, inexperienced, un- 
acquainted with the forms of the house, and the members that composed it. Finding the men of 
weight averse to opposition, and the commencement of the tax at hand, and that no person was 
likely to step forth, I determined to venture, and alone, unadvised, and unassisted, on a blank leaf 
of an old law book, wrote the within. Upon offering them to the house, violent debates ensued. 
Many threats were uttered, and much abuse cast on me, by the party for submission. After a 
long and warm contest, the resolutions passed by a very small majority, perhaps of one or two 
only. The alarm spread throughout America with astonishing quickness, and the ministerial 
part}' were overwhelmed. The great point of resistance to British taxation, was universally es- 
tablished in the colouies. This brought on the war, which finally separated the two countries^ 

(1) 0/29 June, 1767, "glass, tea," 6 J c. (2) Born May 29, 1736, 



[1779, May.] HISTORICAL NOTES, &c, 243 



APPENDIX— Part 1st.— Miscellaneous. (Virginia resolves, 1765.) 

and gave independence to ours. Whether this will prove a blessing or a curse, will depend upon 
the use our people make of the blessings which a gracious God hath bestowed on us. If they are 
wise, they will be great and happy. If they are of a contrary character, they will be miserable. — 
Righteousness alone can ex,alt them as a nation. 

"Reader — whoever thou art, remember this ; and in thy sphere, practise virtue thyself, and 
encourage it in others. — P. Hestby " 

" Such, (says Mr. Wirt,) is the short, plain, and modest account which Mr. Henry has left of 
this transaction." 

There is no date to this paper, nor any preamble to the resolutions contained in it ;(1 ) from inter- 
nal evidence, the indorsement must have been made after the peace ; probably at the date of the 
I will, whatever that may be. 

The following says Mr. Wirt, is an account of the transaction respecting these resolutions, as 
related by Mr. Jefferson. 
J " Mr. Henry moved and Mr. Johnson seconded these resolutions successively. They were 
>sed by Messrs. Randolph, Bland, Pendleton, Wythe, and all the old members whose influ- 
i «,..ce in the house had, till then, been unbroken. They did it, not from any question of our rights, 
! but on the ground that the same sentiments had been, at their preceding session, expressed in a 
j more conciliatory form, to which the answers were not yet received. But torrents of sublime 
: eloquence from Henry, backed by the solid reasoning of Johnson, prevailed. The last however, 
I and strongest resolution, was carried but by a single vote. The debate on it was most bloody . I 
| was then but a student, and stood at the door of communication between the house and the lobby 
i (for as yet there was no gallery) during the whole debate aud vote ; and I well remember, that 
■ after the numbers on the division were told and declared from the chair, Peyton Randolph (the 
i attorney-general) came out at the door where I was standing, and said as he entered the lobby, 
1 *by God, I would have given 500 guineas for a single vote :" for one vote would have divided the 
house, and Robinson was in the chair, who he kuew would have negatived the resolution. Mr. 
Henry left town that evening; and the next morning before the meeting of the house, col. Peter 
Randolph, then of the council, came to the hall of burgesses, and sat at the clerk's table till the 
house bell rang, thumbing over the volumes of journals, to find a precedent of expunging a vote 
of the house, which, he said, had taken place while he was a member or clerk of the house, I do 
not recollect which. 1 stood by him at the end of the table a considerable part of the time, look- 
ing on as he turned over the leaves ; but I do not recollect whether he found the erasure. In the 
mean time, some of the timid members who had voted for the strongest resolution,(5th) had become 
alarmed; and as soon as the house met, a motion was made and carried to expunge it from the 
■ournals. There being at that day but one printer, and he entirely under controul of the go- 
ernor, I do not know that this resolution ever appeared in print. I write this from memory : 
'it the impression made on me at the time was such, as to fix the facts indelibly in my mind. I 
appose the original journal was among those destroyed by the British, or its obliterated face might 
be appealed to. And here 1 will state, that Burk's statement of Mr. Henry's consenting to with- 
•aw two resolutions, by way of compromise with his opponents, is entirely erroneous." Thus far 
i»xr. Jefferson. 

The author then observes "The manuscript journal of the day is not to be found; whether it 
.is suppressed, or casually lost, must remain a matter of uncertainty ; it disappeared, however, 
shortly after the session, and therefore could not have been among the documents destroyed by 
the British during the revolutionary war, as conjectured by Mr. Jefferson. 

"In the interesting fact of the erasure of the fifth resolution, Mr. Jefferson is supported by the 
distinct recollection of Mr. Paul Carrington, late a judge of the court of appeals of Virginia, and 
the only surviving member, it is believed, of the house of burgesses of 1765. The statement is 
also confirmed, if indeed further confirmation were necessary, by the circumstance that, instead of 
the five resolutions so solemnly recorded by J\lr. Henry as having passed the house, the journal 
of the day exhibits only the following four : 

1. " Resolved, That the first adventurers and settlers of this his majesty's colony and domin- 
ion of Virginia, brought -with them and transmitted to their posterity, and all other his majesty's 
subjects, since inhabiting in this his majesty's said colony, all the liberties, privileges, franchises, 
and immunities, that have at any time been held, enjoyed, and possessed by the people of Great 
Britain. 

2. " Resolved, That by two royal charters, granted by king James tlxe I. tlie colo?iists afore- 
said are declared entitled to all liberties, privileges, and immunities of denizens and natural 
subjects to all intents and purposes, as if they had been abiding and born -within the realm of 
England. 

3. " Resolved, That the taxation of the people, by themselves, or by persons chosen by them- 
selves to represent them, who can only know what taxes the people are able to bear, or the easi- 
est method of raising them, and must, themselves, be affected by every tax laid on the people; is 
the only security against a burdensome taxation, and the distinguishing characteristick of 
British freedom, without w/uch the ancient constitution cannot exist. 

4. "Resolved, That his majesty's liege people of this Ms most ancient and loyal colony have, 
-vithout interruption, enjoyed the inestimable right of being governed by such laws respecting- 

(1) The numbers 1, 2, &?c. are added by myself , for greater perspicuity, and easier comparison 
-pith the supposed resolutions, published by Mr. Marshall, See. them p. SI. 2. 



244 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. {Virginia resolves 1765.) 

their internal polity and taxation, as are derived from their own consent, -with the approbation 
of their sovereign, or his substitute ; and that the same hath never been forfeited or yielded up f 
but hath been constantly recognized by the Kings and people of Great Britain." 

The author then quotes an observation of Mr. Jefferson, relative to their passage, viz. " by these 
resolutions" says Mr. Jefferson, "and his manner of supporting them, Mr. Henry took the lead 
out of the hands of those who had, theretofore, guided the proceedings of the house; that is to 
say, of Pendleton, Wythe, Bland, Randolph." ' 

After this, Mr. Wirt proceeds to the consideration of Mr. Henry's merit and success, in this 
measure : It was (says he) indeed, the measure which raised him to the zenith of his glory. He 
had never before had a subject which entirely matched his genius, and was capable of drawing out 
all the powers of his mind. It was remarked of him, throughout his life, that his talents never 
failed to rise with the occasion, and in proportion to the resistance which he had to encounter. 
The nicety of the vote on his last resolution, proves that this was not a time to hold in reserve any 
part of his forces. It was, indeed, an alpine passage, under circumstances even more unpropi- 
tious than those of Hannibal ; for he had not only to fight, hand to hand, the powerful party who 
were already in possession of the heights, but at the same instant to cheer and animate the timid 
band of followers, that were trembling, and fainting, and drawing back, below him. It was an oc- 
casion that called upon him to put forth all his strength, and he did put it forth, in such a manner 
as man never did before. The cords of argument, with which his adversaries frequently flattered 
themselves that they had bound him fast, became packthreads in his hands. He burst them with, 
as much ease, as the unshorn Sampson did the bands of the Philistines. He seized the pillars of 
the temple, shook them terribly, and seemed to threaten his opponents with ruin. It was an m- 
eessant storm of lightning and thunder, which struck them aghast. The faint-hearted' gathered 
courage from his countenance, and cowards became heroes, while they gazed upon his exploits. 

It was in the midst of this magnificent debate, while he was descanting on the tyranny of the 
obnoxious act, that he exclaimed, in a voice of thunder, and with the look of a god, " Cassar had 
his Brutus — Charles the first, his Cromwell — and George the third — ('Treason,' cried the speak- 
er — ' treason, treason,' echoed from every part of the house. — It was one of those trying moments 
which is decisive of character. — Henry faltered not for an instant ; but rising to a loftier attitude, 
and fixing on the speaker an eye of the most determined fire, he finished his sentence with the 
firmest emphasis) may profit by their example. If this be treason, make the most of it." 

Mr. Wirt in conclusion adds, " From the period of which we have been speaking, Mr. Henry 
became the idol of the people of Virginia; nor was his name confined to his native state. His 
light and heat were seen and felt throughout the continent; and he was every where regarded as 
the great champion of colonial liberty. 

" The impulse thus given by Virginia, was caught by the other colonies. Her resolutions were 
every where adopted, with progressive variations. The spirit of resistance became holder and 
holder, until the whole continent was in a flame ; and by the first of November, when the stamp 
act was, according to its provisions, to have taken effect, its execution had become utterly im- 
practicable." 

As the case is here made out, it appears, that Mr. Henry's five resolutions were without pre- 
meditation, and very hastily drawn up on the blank leaf of an old law book (1) which he found 
lying upon the table, and offered to the house for adoption : that a violent opposition and debate 
ensued ; the whole number were carried however, (with some alterations in the 3rd and 4th) by 
a majority of one or two votes; the fifth, certainly by a single vote only. 

The rough draft of these resolves (after the amendments,) five in all, were doubtless left, in the 
hands ef the clerk over night, for entering upon the journal; Mr Henry went from town that 
evening. It appears they were copied into the journal ; because it is slated, that as soon as the 
house met in the morning, " a motion was made and carried, to expunge (erase) the fifth reso- 
lution from the journal." 

That the (supposed) Virginia resolutions, at that time produced a great sensation over the 
co.r/tinent, and first excited a general spirit of opposition to the stamp act, which broke out 
with extreme violence immediately after among the people, admits of no doubt. But the ques- 
tion is, whether these four resolutions, as moved by Mr, Henry, and modified in the house, (and 
now asserted to be the genuine and only ones,) wrought this effect? 

The Urslfour, as prepared by him, and adopted by the house, (with some alteration) contained 
no more in substance, than that the first adventurers brought with them and transmitted to their 
postt-rity, all the liberties &c. at any time held and enjoyed by the people of Great Britain ; and I 
that by two royal charters, granted by James the 1st, they are declared entitled to all the liberties, 
and privileges &c. of denizens, and natural subjects, as if abiding and born within the realm of En- 
gland ; " that taxing themselves by their oivn representatives was the only security against bur- 
densome taxes, and the distinguishing characteristick of British freedom, without which, the ancient , 
constitution cannot exist ;" and they added in the 4th resolution, " that his majesty's liege people. 
&c. of that colony, had uninterruptedly enjoyed the inestimable right of being governed by such 
laws, respecting internal policy and taxation, as were derived from their own consent, with the 
approbation of their sovereign, or his substitute, which had never been forfeited, and always re?- 
cognized by the king and people of Great Britain." 

(1) Coke on Litf. 



fl775, May.] HISTORICAL NOTES, &c. 24.5 



AP I J E NDIX— Part l&t.—J\1iscellaneous. ( Virginia resolves, 1765.) 

There appears no preamble to these resolves, stating the occasion of them: iu none of them is 
the stamp act mentioned, nor do they purport to be made in opposition to it ': they certainly 
grew out of this subject, but as I infer from their date, and Mr. Wirts, account, contain nothing 
more than so many abstract political propositions. 

Beside, there was nothing in any of these opinions, which had not been insisted upon, in every 
possible form, after Mr. Grenville s resolutions agreed to in the house of commons', in Mar. 1764, 
lor laying taxes on the colonies, by stamps, and imposts, see p. 16 

The fifth resolution offered by Mr Henry, as a corollary from these premises, alledges " the- 
sole right and power to iay taxes on the colonies, to be iu the assembly," — and begins thus — 
" Resolved rpEBBFOBB, that," &c. 

Bui this proposition, though in the unoffending shape rather of an inference, than an indispu- 
table claim, was negatived b_» the house the next day, and the first hasty vote in favour of it (pro- 
bably in a committee ot the whole,) erased from the journal. They either did not conceive the. 
right so clearly flowed from the premises assumed in the preceding resolves, or for some reason, 
did not choose so explicitly to insist upon a declaration, which denied the power of parliament to 
tax the colonies. 

There was nothing indeed even in the 5th resolve, if it had been adopted and gone out, simply 
in itself much calculated i» excite the publick mind ; far less to influeuce the passions of the mul- 
titude, and impel them to the excesses which ensued. 

In fact however, it barely survived the opposition by a single vote ; and the next morning the 

house expunged it from the journal : This resolve, was not therefore published at all, as the act 

J of the Virginia house of burgesses; if a true account went to the publick, the statement must have 

, been, " that the Virginia house of burgesses had rejected Mr. Henry's motion, asserting an exclu- 

1 sive right of internal taxation " 

Nothing official then could appear, but the first four resolutions moved by Mr. Henry ; and 
even they were softened down by amendments in the house, and went to the publick in that form, 
j if they were published correctly 

How then can it be well imagined, that these 4 resolves, carrying no very extraordinary marks 
of vigour or decision on their face, avoiding in direct terms, to question the power of parliament to 
tax the colonies, and ail mention of the obnoxious stamp act itself, could suddenly kindle such 
fiery resentments, and urge forward, both people and legislative bodies, to general, and even 
excessive resistance. 

More especially, when it is considered, that the only resolution which did deny the power of 
parliament, » as rejected. 

That the actual, or supposed measures of the Virginia house of burgesses, at that time did pro- 
duce much of the effect attributed to them by Mr. Wirt, so far as it respects the stamp act, is un- 
questionable ; they certainly hastened that result, if they were not the moving cause of its total 
inexecution in the colonies. See p. 22. 

But to repeat the question, " were the resolutions which went out to America at that time as 
Mr. Henry's, and speaking the sense of the Virginia legislature, the four now published by Mr. 
Wirt ? Or, did not the six resolves published by Mr. Marshall, go forth to the publick, as those 
which had been adopted on Mr. Henry's motion in the house of burgesses ? 

Those published by Ch. Justice Marshall, seem infinitely better adapted to produce so great 
an effect. The 4th in the list of 6, which he states to have been adopted by the house, (and even, 
by the most timid members,) is in the terms of Mr. Henry's 5th resolution, asserting, « that the 
general assembly of this colon* , together with his majesty, or his substitute, have in their repre- 
sentative capacity the only exclusive right and power, to lay taxes and impositions upon the in- 
habitants of this colony," &c. And the 5th and 6th, which are stated by Mr. Marshall to have 
passed the committee, but disagreed to in the house ; are of the boldest stamp, and of a character 
to enlist the popular favour and passions, in the highest degree. {Seep. 21, 22, for the resolutions 
given in Marshall.) 

If then it is not to be presumed so powerful an excitement could have been produced, by what 
was really done in the house of burgesses; it may be accounted for, on the supposition that the 
six resolves, contained in Mr. Marshall's history, were those, which at that day, passed into the 
publick prints, and went out to the people, for what had been done in the Virginia house of bur- 
gesses ; and not the four genuine ones, now published by Mr. Wirt. 

The six as they appear in Marshall, do not seem to have been questioned during the life of 
Mr. Henry. 

They will be found I suspect in all books, early and late ; and uncontroverted, before Mr. Wirfs 
detection in 1817. 

Dr. Gordon's history came out in 1788, and he gives the first 4 resolutions with very little va- 
riation, and none at all in the 5th and 6th, as they are found in Marshall. Dr. Ramsay published 
'id 1789; and his copy accords nearly with Marshall: Mr. Burk published his 3d vol of the history 
of Virginia in 1805: and Mrs. Warren, her history of the Revolution the same year; and these 
agree with Marshall: From whence the latter gentleman, or the others, >]rew their information, 
does not appear: The Chief Just. I believe cites no authority. He certainly did not copy from 
Gordon, because there are some variances between them ; enough to disprove such an inference, 
though the differences are not material, 

That ha b.33 copied them frgnj some apparently well authenticated jfte.moir, i^ hardly to be 
doubted, 

31 



246 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous (Virginia resolves, 1765.) 

I infer, though it is but conjecture, that the true proceedings and resolves were at the time 
.falsified, and a spurious set published. They probably got into the hands of some zealous oppo- 
nents of British taxation, and were immediately revised, altered for the occasion, and sent out to 
the publick as they now appear in the histories of that time, instead of those, which had really 
been adopted in the Virginia assembly. Unquestionably if so, it was a bold fabrication ; but the 
effects produced would be precisely the same, as if they were the true acts of that body : The 
probability of a falsification, is strengthened by the account in Gordon, of the manner in which 
the Virginia resolves were first made publick : — After giving the six resolutions nearly as Mr. 
Marshall has done, without any seeming suspicion of their falsity, he follows them up with a short 
account of the way in which at that time, they were made publick. 

"A manuscript, (he says,) of the unrevised resolves soon reached Pliiladelphia, having been 
sent off immediately upon their passing, (1) that the earliest information of what had been done 
might be obtained by the sons of liberty. From thence the like was forwarded on the seventeenth 
of June. At Nero York the resolves were handed about with great privacy ; they were accounted 
so treasonable, that the possessors of them declined printing them in that city. The Irish gen- 
tleman alluded to above being there, inquired after them, and with much precaution was admitted 
to take a copy. — He earned them to New England, -where they were published and circulated far 
and wide in the newspapers, without any reserve, and proved eventually the occasion of those dis« 
orders, which afterwards broke out in the colonies. Till they appeared, it was thought that the 
Rhode-Islanders would submit. Murmurs indeed were continually heard; but they seemed to 
be such as would die away. The Virginia resolutions gave a spring to all the disgusted, and they 
began to adopt different measures." 

A manuscript of the unrevised resolutions it is said, soon reached Philadelphia, and were ae« 
counted so treasonable, that the possessors declined printing them in N. York. Now could these 
have been the four resolutions of the Virginia Burgesses? There might have been treason in Mr. 
Henry's unpublished speech; but surely none in these abstract opinions on constitutional points, 
expressed by the house : They might with safety have been proclaimed, before the king's bench 
in Westminster hall. 

Far different from the unexceptionable tenor of these, is the complexion of the 6 in Marshall, 
and now shown to be the spurious version. 

The 4th of these, positively asserts the only and exclusive right and power to lay taxes, to be in the 
assembly, adding what is not in Mr. Henry's 5th resolution, that " any attempt to vest such power 
in any other person or persons, &c. is illegal, unconstitutional, and unjust" 

The 5th and 6th might, with even yet more reason, be deemed treasonable in the eyes of the 
king's attorney general, and justly excite those fears, which were at first manifested in New 
York, and elsewhere. One thing would seem to be certain, viz. that those which are publish- 
ed in Gordon, Marshall, &c. as the Virginia resolves, did at the time go out to the publick, and 
were supposed to be true : It is not shown that they were ever questioned till now ; Mr. Henry 
lived five and thirty years after their publication, and 10 years after Dr. Gordon's history came 
out, and it does not appear that he or any of his friends, or those who -were, -witnesses, or parties to 
the very transaction, ever questioned their authenticity. 

Whosoever at the time ventured on this bold device, would be sure not to lessen their weight by 
suggesting the violent opposition to their passage, and rejection of the only resolve which denied 
the legality of the stamp act. The rapidity of circulation, and general diffusion by means of the 
press, must have left the truth far behind ; and the real facts £/"after wards published, would follow 
too late to counteract the fiction, and only reach comparatively a small portion of those, who had! 
drunk deep of the first precious delusion : and not unlikely, the true account would : have beea 
«ried down, as the one fabricated. 

I repeat it, that the wonderful effect, most certainly produced by the proceedings of the Vir- 
ginia assembly, in May, 1765,(2) can hardly be accounted for, than upon the supposition, that the 
falsa account went out instead of the true one : The false one was well calculated to produce all 
the consequences which followed; the true one might have had an opposite tendency, or at least 
was of a tenor to excite but little of that spirit which immediately followed ; more especially as it 
must have been known, that the heart of Mr. Henry's resolutions had been taken out in the 
house, by expunging the 5th. 

On the whole, if this be the true supposition, yet to Mr. Henry may be due, all the beneficial 
consequences which resulted from the step he took in May, 1765, though not the immediate 
fruit of his propositions. 

By a disclosure of the source or authority, on which these six resolutions as published by Mr. 
Marshall rests, the fraud which was undoubtedly practised on the publick in 1765, may be traced; 
and ihe point decided, whether it was most owing to the forgery or the fact, that the people were 
stirred up almost to madness. 

In regard to the posthumous paper it is remarkable, that Mr. Henry positively asserts that aB 
five of his resolutions enclosed in it, were adopted. He takes no notice of the 5th having beea 
expunged, or any alterations in the 3d and 4th. After a long and warm contest, (he says,) " the 
resolutions passed by a very small majority of only one or two, the alarm spread throughout; 
Ameriea with astonishing quickness, and the ministerial party were overwhelmed. 

The great point of resistance to British taxation, was universally established in the eoloaiesij 

(1) Ofsottrse the 5th resolution wguld appear as tne of them. (2) See t>agc-t& r 



[1775, May.] HISTORICAL NOTES, &c. 247 



APPENDIX— Part 1st.— Miscellaneous. {Virginia resolves, 1765.) 

this brought on the war, &e. which finally separated the two countries, and gave independence 
to ours." 

It has been seen, those resolutions did not all pass even at first, without some material alterations 
in the 3d and 4th, and that the fifth, the only one which went to the point, was expunged from 
the journal ; yet of this Mr. Henry takes no notice, but alleges they all passed, and attributes 
to them the establishment of resistance to British taxation, the war, and independence. 

No date appears to the paper, or envelope, containing the resolves; it was probably written 
when Mr. Henry was at an advanced age, and he might not have remembered the fate of his fifth 
resolution, nor the changes made in the 3d and 4th before they could pass. 

A denial of the right of parliament to raise taxes in the colonies, which Mr. Henry endeavour- 
ed unsuccessfully to bring the house of burgesses explicitly to maintain by his 5th resolution in 
May 1765, was no novelty; nor had the publick assertion of it even in the most arbitrary reigns, 
been thought either dangerous, or even impolitick in America: political writers had fearlessly 
avowed it on this side ot the Atlantick, and it had been recently maintained in the British parlia- 
ment, in the most peremptory manner, by Gen. Conway, when the stamp act was brought forward 
by Mr. Grenville in March, preceding Mr. Henry's resolutions. But what is more, the denial 
had been solemnly and publickly made the year before that, in more than one American Legisla- 
ture : in Massachusetts probably first. 

On the 10 March 1764, Mr. Grenville the minister, intending to introduce a system of direct 
taxation, under laws of parliament ; in order to take the sense of that body on his scheme, moved a 
resolution in the house of commons importng, that it would be proper to impose duties on certain 
articles imported into the colonies, for raising a revenue, which was carried : he also moved ano- 
ther resolution ; that it would be proper to impose certain duties on stamped paper in the colonies, 
for the same purpose, which was afterwards carried. 

In consequence of which first resolution, the "Sugar act" passed in the ensuing month : (April.) 
The Stamp act was not brought forward by him then ; the vote he procured in that respect, 
being merely declaratory of an intention, to be executed the following year ; unless the colony 
agents should propose some other equally productive tax. 

The minister did not put them forward on any scruple about the right of parliament, that was uot 
made a question there, at least he would not betray a suspicion of it; he took the opinion of the 
house upon it as an expedient measure for raising revenue : but as soon as the resolutions to tax 
passed, the first and the main question made in the colonies was, the right of parliament to raise 
taxes within the colonies. 

When the account reached this country, the assembly of Massachusetts took up the subject, 
and immediately in the face of the parliamentary declarations made in March, laid down the text 
of their constitutional claim in a few plain words; for in June 1764, they came to the following 
resolutions — 'That the sole right of giving and granting the money of the people of that province, 
was vested in them as their legal representatives ; and that the imposition of duties and taxes by 
the parliament of Great-Britain, upon a people who are not represented in the house of commons, 
is absolutely irreconcileable with their rights. That no man can justly take the property of ano- 
ther without his consent; upon which original principle, the right of representation, in the same 
body which exercises the power of making laws for levying taxes, one of the main pillars of the 
British constitution, is evidently founded.'(l) 

The assembly also sent instructions, accompanied with remonstrances to their agent in England, 
to use his utmost endeavours to obtain a repeal of the first act passed in April, in consequence of 
Mr. Grenville's plan, called the " Sugar act," and to prevent the passage of a Stump act, or any 
other laying duties : see p. 16, 17. also 2 Marshall. 82. 

They likewise appointed a committee, to correspond with the Legislatures of the respective col- 
onies, and communicate to them what Massachusetts had done, and solicit similar measures on 
their parts. And New-York, Virginia, and other colonies, did petition against the threatened 
Stamp act, as well as against the Sugar act, which had passed. 

From all this it would seem, that something stronger, and more adapted to inflame the publick 
mind, was required, than the four resolves which were passed by the Virginia Burgesses, or even 
Mr Henry's 5th resolution, which was rejected. 

This inflamatory principle was effectually supplied, in the six resolutions under consideration ; 
as they appeared in the chronicles of the day, and deemed genuine by the people. 

The subject however is now hardly worth discussing, but as it may conduce to some explana- 
tion of a very singular imposture. 

On the point of parliamentary taxes upon the colonies, history will show, that at very early pe- 

(1) Dr. Gordon gives no date for this, but the year; tlie context shows, and the fact however 
is, that it took place in June 1764. 

This author also speaks indeterminately, in regard to the subject decided upon in the British 
house of commons in March 1764. The question was not on the right of Great Britain to tax 
the colonies: Mr. Grenville having made up his mind on the point of raising revenue from them, 
introduced certain resolutions into the house of commons, which passed, purporting that it would 
he proper to impose certain duties on merchandize imported into the colonies,- and also, that it 
•mould be proper to impose certain stamp duties ; the proceeds payable into the British exche* 
quer; but to be disposed of by parliament, for the defence and protection of the colonies, sup* 
Porting eivilgovermneni titers $f'&. 



24S [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — Miscellaneous. {Virginia resolves, 1765 



riods in their infancy, they considered it a heresy in government, and a violation of the first and 
greatest rights of British subjects in America, to have taxes raised upon them without their con- 
sent, for all purposes, and to any amount, by parliament. 

The first assembly ever held in Virginia, was under the 2nd Charter granted by James I. ia 
1§09 to the Virginia company, and assembled in 1619 ; or rather under certain fundamental arti- 
cles agreed upon by the Grantees, under the authority of their charter, for the future govern- 
ment of the colony in 1618. In 16'24, the Legislature of Virginia asserted, " that it was their un- 
doubted right alone, to lay taxes and impositions, and none other." Yet there is contained in the 
charter of 1609, an exemption to the Company and their assigns from all subsidies in Virginia for 
twenty-one years, and from all imposts, on imports and exports, to and trom England, or any 
other of the King's dominions, except only the 2,5. in the hundred for customs. This exemptioa 
for a certain period in the charter, showed the opinion of James, that the colonies were taxable ;. 
but as soon as a legislative assembly met, and the people were represented, they took leave to 
put a very different construction upon the British constitution, and the rights of British freemen, 
from the jure divino notions of this goodly prince ! 

The year preceding this, (1723) he had required the Company who resided in London, to surren- 
der their charter, intending to give thera a new one ; they refused: a Quo warranto issued in Nov. 
and judgment was given against the company in the King's Bench in Trinity term 1624. The 
Company being dissolved, the colony was taken under his immediate superintendence : "he assured- 
ly considered the colonies as acquired by conquest; and that they ought to be holden of his person, 
independent of his crown or political capacity; and might be ruled according to his good will, by 
prerogative : and he endeavoured, agreeable to the strange economy of itis reign, to convert them 
into a mere private estate, descendable to his personal heirs." 

Mis son Charles I. who succeeded in 1626, ruled it by a governor and council apppointed by 
himself, until the beginning of 1639, when sir William Berkely, the governor, had instructions to 
summon an assembly of the burgesses ot the plantations. 

The King was executed on the 30. Jan. 1648. The colonies then fell under the government 
of Cromwell. As soon as Cromwell could turn his attention to the colonies, an ordinance was pas- 
sed by the commons Oct. 1650, for re-establishing governments under the council of state in the 
colonies: It recited, that "In Virginia, and o^her places in America, there are colonies which 
were planted at the cost, and settled by the people and by the authority of this nation, which 
ought to be subordinate to, and dependent upon England — that they ever have been and ought 
to be, subject to such laws and regulations as are, or shall be made by the parliament — that divers 
acts of rebellion have been committed by many persons inhabiting Virginia, whereby they have 
set up themselves in opposition to this commonwealth." It therefore declared them, " notorious 
robbers and traitors." Persons in power, generally reason alike against those who oppose their 
authority, and dispute the legality or equity oftheir measures, whatever might be their own senti- 
ments when in a lower station, and while aggrieved by superiors. The ordinance authorized the 
council of state to send a fleet thither, and to grant commissions to proper persons to enforce to 
obedience, all such as stood opposed to the authority of parliament. In consequence hereof com- 
missioners were appointed, and a powerful fleet and army detached, to reduce all their enemies 
to submission. They were to use their endeavours, by granting pardons and by other peaceful 
arts, to induce the colonists to obey the state of England ; but, if these means should prove ineffec- 
tual, then they were to employ every act of hostility ; to free those servants and slaves of masters 
opposing the government, that would serve as soldiers to subdue their. ; and to cause the acts of 
parliament to be executed, and justice to be administered, in the name of the commonwealth. 
After the arrival of the commissioners with the naval and military force, the Virginians refused to 
submit, till articles of surrender had been agreed upon, by which it was stipulated, " The planta- 
tion of Virginia, and all the inhabitants thereof,' shall enjoy such freedoms and privileges as belong 
to the free people of England. The general assembly, as formerly, shall convene and transact 
the affairs of the colony. The people of Virginia shall have a free trade, as the people of England, 
to all places, and with all nations. Virginia shall be free from all taxes, customs, and impositions 
■whatsoever; and none shall be imposed on thera without consent of the genera! assembly*; and 
neither forts nor castles shall be erected nor garrisons maintained, without their consent. 

" The hardships the Virginians experienced nevertheless, from restrictions on their trade under 
Oliver Cromwell, together with their attachment to the royal family, induced them to seize the 
occasion of the death of the protector's governor, for applying to sir William Berkely, who had 
lived privately during the revolutions of the day, to resume the government of the colony, to which 
he cousented, on their solemnly promising to venture their lives and fortunes with him for 
Charles II. Before they had heard of the death of Cromwell, Charles was proclaimed by them 
kiug of England, Scotland, Ireland, and Virginia. During the distresses to which the royalists 
were exposed in England prior to this event, they resorted to that colony, so that Virginia con- 
tained about 30,000 persons at the restoration. (1) Sir William Berkely, in his answer to the in- 
quiries of the lords of the committee of the colonies writes, June 20, 1671, "there are 40,000 
persons, men, women, and children, 2000 black slaves, and 6000 christian servants for a short 

(1 ) The colony of Virginia after the dissolution oftheir charter from Jam. I, in 1624, continued 
•without any new one until Oct. 10, 1C76, when a new one was gru?ited, merely constituting a royal 
government according to instructions to tire Governor &c. bett these instructions always requi- 
red the calling assemblies'. 



|1775, May.] HISTORICAL NOTES, &c. 249 



APPENDIX — Part 1st. — Miscellanecus. {Virginia resolves, 1765.) 

time." He adds—" I thank God there are no free schools, nor printing presses, and I hope to 
shall not have them these hundred years: for learning has brought disobedience, and heresy, 
and sects into the world, and printing has divulged them and libels against the government God 
keep us from both." 

" You will remark, that, however zealous the Virginians were to honour the Charles' with their 
loyalt), they boldly declined complimenting King, Commonwealth and Protector, with their 
liberties." Gord. 

It is here seen again, with what determination even in the infancy of this province, it asserted its 
freedom from British taxation. 

In 1(574, Virginia applied to Charles 2d, for a charter, confirming their privileges, properties, 
&c. and for a constitutional form of government; among other things, the agents were instructed 
to procure a clause in the charter, " that no manner of impositions or taxes, should be laid or 
imposed upon the inhabitants, unless b\ the common consent of the governor, council, and burges- 
ses." The agents on this proposal, explain it to the privy council thus; 

" EXPLANATION TO THE 7TH HEAD. 

« We therefore hope, that his majesty and most honourable council, -with our learned referees, 
(l)will not tlunk us immodest in humbly petitioning for this ; especially if they please to consider, 
that both the acquisition and defence of this country hath been, for the most part, at the country's 
charge ; and that tlw -whole support now, both of governor and government, is defrayed -wholly 
at the peoples charge, which occasions the annual taxes there to be very high, and -will not 
only continue so, but must, with the growth of the country, every year be increased." 

It might be inferred from this, that the right of parliament at that time to tax the colony, 
was not questioned, and that this was prayed as a concession, and to secure the people against 
the possibility of such a power being exercised. This however was not the fact. The agents 
were instructed to obtain it as of right; but they did not think it prudent to deny the right of 
parliament, or claim it as inherent in the colony, and therefore in the formal paper, which was 
to be laid before the king in privy council, as explanatory of what they desired the charter to con- 
tain, it was deemed most respectful and advisable, to put it on the ground of concession. 

Their petition and explanations, as of course, were referred to the law officers of the crown. 
Before them, it appears the agents reasoned quite another way; in defending the provision, as 
securing a right to which the colonists were entitled, on legal and constitutional grounds. 

The following on this point, is taken from their representation made to sir Win. Jones, and sir 
Francis Winington, (the attorney and solicitor general,) the law officers of the crown, to whom 
their petition and claims were referred by the privy council. 

«« Notes, explanatory of some of the heads annexed to the petition of the Virginian agents, 

referred to Mr. attorney and solicitor, with somewhat of answer to 'some things objected. 

« Fikst, — As to the point, whether the Virginians are in reason to be assured under his ma- 
jesty's great seal, that they shall not be taxed without their own consent. 

"1 It is humbly conceived, that if his majesty deduce a colony oj Englishmen by their onn 
consent, (or otherwise he cannot,) or licence or permit one to be deduced, to plant an uncultiva- 
ted part of the world, suth pla?iters and their heirs ought to enjoy by law, in such plantation, 
the same liberties and privileges as Englishmen in England; such plantation being but in no- 
tare of an extension or dilatation of the realm of England. 

" 8. King James did, by the charter to the treasurer and company, declare, that their pos- 
terity and descendants born in Virginia, shoidd be taken as natural born subjects of England, 
(as, in truth, without any declaration or grant, they ought to be) ; wUch charter, although for 
the misgovemment oj the company it were demanded in a quo warranto, yet did the said king 
forthwith promise and declare, that a charter should be renewed with the former privileges 
to tlte planters, at whose instance and for whose sake the said charter was called in. 

" 5. Neither his majesty, nor any of his ancestors or predecessors, have ever offered to im- 
pose any tax upon tMs plantation, without the consent of his subjects there." 

It appears afterwards that a report was made, expressly allowing this among other grants pro- 
posed, with a single reservation ; " that it should be no bar to any imposition which may be laid 
by act of parliament here, on the commodities which come from that country," (Virginia.) Being 
no more than, that parliament might lay duties, on Virginia products, imported into Great 
Britain. 

An order of the king in council was made JVov. 19, 1675, directing a charter to be made out, 
containing this among a great many other most important matters ; It was in fact completed all to 
affixing the great seal; at this stage for some cause it was stopped, and the charter never issued; 
in lieu of it, another passed the seals in Oct. following, in which this provision is omitted. 

In the year 1 692, " the legislature of Massachusetts, employed in establishing a system of laws 
•under their ne^u charter, (1) passed an act containing the general principles respecting the liberty 
of the subject which was asserted in magna charta, and in which was this memorable clause, ' .Yo 
aid, tax, tallage, assess?nent, custom, loan, benevolence, or imposition whatsoever, shall be laid, 
assessed, imposed, or levied on ami of their 7najesties' subjects or their estates, on any pretence 
whatsoever, but by the act and co?ise'nt of the governor, council, and representatives of the people 
assembled in general court.'' It is almost unnecessary to add, that the royal ussent to this act 

(1) Meaning dr TK/m J$t$ rfjid »V F. Winington. (2) From Wm. and Mary. 



350 [1775, May.] HISTORICAL NOTES, &c 



APPENDIX — Part 1st. — Miscellaneous. (Virginia memorials, 1764.) 

ivas refused" but this proves, that the difference of opinion between the mother county and the 
colonies, on the great point -which afterwards separated them, was always and openly maintained 
•without fear or danger, from the earliest periods, after assemblies were called. 

In New York, in the year 1713, the assembly " resolved, that the imposing and levying of any 
monies upon her majesty's subjects of this colony, under any pretence or colour whatsoever, 
without their consent in general assembly, is a grievance and violation of the people's property. 

"This strong assertion of a principle, the controversy concerning which afterwards dismember- 
ed the British empire, then passed away without notice. It was probably understood to be di- 
rected only against the assumption of that power by the governor.' 5 Marshall. 

In short, on this point of taxation by parliament, there had ever been a most decided opinion, that 
ft was contrary to the fundamental principles of freedom, of property, and of the British constitu- 
tion ; and however, the theoretical notion of parliamentary power might be argued, it had not been 
practically attempted, until 1764. Mr. Burke considered it then (as all real statesmen, and poli- 
ticians must have viewed it,) as of no importance, nor any justification to Great Britain, even if her 
parliament could prove their bight; to exercise it, was oppressive, hateful, and ruinous t« 
both parties ; The colonies might justly avail themselves of the answer, even against an admitted 
right, that " summumjus est summa injuria," and the lawfulness to rise in resistance against the 
exercise of an authority over societies, which however it may be shown to exist from specious de- 
ductions, of conquest, colonization, and under ancient constitutions^ would in practice upon a change 
of circumstances, reduce them to absolute slavery. 

In Mr. Burke's great speech, (Mar. 22, 1775, p. 175,) on conciliation with America, he 
makes use of this answer to all fine spun arguments on the right. " Sir, let me add too, that 
the opinion oj my having some abstract right in my favour, would not put me much at my ease in 
passing sentence, unless 1 could be sure that tliere were no rights which, in their exercise under 
certain circumstances, were not the most odious of all wrongs, and the most vexatious of alt 
injustice'' 

No. 6. 1764, Sugar and Stamp acts, Virginia Memorials. 

It appears, that after the resolves in the British house of commons, {Mar. 1764.] MassacfiU' 
aetts in June following, came to the strong resolutions mentioned at p. 16, asserting the utter un- 
constitutionality of the revenue acts, as well port customs, (or duties payable at the port of delive- 
ry,) as the intended stamp act, which seemed to be more decidedly an internal tax : yet in Octo- 
ber following at their next session, for certain reasons stated at p. 17, they petitioned parliament, 
as well against " the sugar act" which had passed in April, as the intended stamp aet, on the 
ground of impolicy, hardship, and infringement on their accustomed rights of internal taxation. 

It was considered too daring, or at least imprudent, to oppugn the power of parliament, to bind 
the colonies, or to assert that any statute of England, would not have the force of law in the pro- 
vinces. 

It was altogether a novel, unexplored field of controversy : whatever the people and their re- 
presentatives might think, the judicial authorities and legal characters, especially the crown law- 
yers, royal authorities and officers, entertained opposite opinions. 

It was perceived that the principle of taxing the colonies for revenue, and actually put into ope- 
ration, in addition to the admitted right of monopoly, and regulation of trade, must reduce thera 
to the condition of a conquered people, liable to unlimited requisitions, without any negative or re- 
straining power in its exereise, and scarcely with the means, at 3000 miles distance, of even being 
heard on the question of any proposed tax or imposition. 

In this situation, and yet undecided where to draw the line or what ground to take, and having 
no concerted plan, the colonies who remonstrated before the passage of the stamp act, seem to 
have avoided a direct denial of the right of parliament to lay port duties, or even stamp duties for 
revenue. 

I have not the Massachusetts address to parliament, nor those of Rhode Island, Connecticut 
and New York, who appear to have put forward immediate remonstrances. 

As to "Virginia, it appears by the journal of the house of burgesses, of the 14th of November, 
1764, (page 38,) that a committee was appointed to draw up the following address, memorial, and 
remonstrance : which committee was composed of the following persons, to wit. Mr. Attorney 
(Peyton Randolph,) Mr. Richard Henry Lee, Mr. Landon Carter, Mr. Wythe, Mr. Edmund 
Pendleton, Mr. Benjamin Harrison, Mr.Cary and Mr. Fleming; to whom, afterward, Mr. Bland 
was added. The address to the king is from the pen of the Attorney. (1) 

'* To the King's most excellent majesty. 
Wmost gracious sovereign, 

«« We, your Majesty's dutiful and loyal subjects, the council and burgesses of your ancient colony 
and dominion of Virginia, now met in general assembly, beg leave to assure your Majesty of our 
firm and inviolable attachment to your sacred person and government ; and as your faithful sub- 
jects here, have at all times been zealous to demonstrate this truth, by a ready compliance with 

(1) On t/ie authority of Mr. Jefferson. 



|1775, May.] HISTORICAL NOTES, &c. S5t 



APPENDIX— Part 1st.— Miscellaneous. (Virginia memorials, 1704.) 

the royal requisitions during the late war, by which a heavy and oppressive debt of near half a 
million hath been incurred, so at this time they implore permission to approach the throne with 
humble confidence, and to entreat that your majesty will be graciously pleased to protect your 
people of this colony, in'the enjoyment of their ancient and inestimable right of being governed by 
such laws, respecting their internal polity and taxation, as are derived from their own consent, 
witli the approbation of their sovereign or his substitute: a right which, as men and descendants of 
Britons, they have ever quietly possessed, since, first, by royal permission and encouragement 
they left the mother kingdom, to extend its commerce and dominion. 

" Your majesty's dutiful subjects of Virginia most humbly and unanimously hope, that this in- 
valuable birthright, descended to them from their ancestors, and in which they have been protect- 
ed by your royal predecessors, will not be suffered to receive an injury, under the reign of your 
sacred majesty, already so illustriously distinguished by your gracious attention to the liberties of* 
the people. 

" That your majesty may long live to make nations happy, is the ardent prayer of your faithful 
subjects, the Council and Burgesses of Virginia." 

" The author cannot learn who drew the following memorial ; but form the style of the com- 
position, compared with the members of the eommittee, and the distribution of its other labours^ 
lie thinks it probable that it was Mr. Pendleton ; possibly, Mr. Bland. 

" To the Right Honourable the Thirds Spiritual and Temporal, in Parliament assembled : 

* The Memorial of the Council and Burgesses of Virginia, no-m met in General Assembly, 

* HUMBLY REPRESENTS, 

"That your memorialists hope an applieatlon to your lordships, the fixed and hereditary guars- 
flrans of British liberty, will not be thought improper at this time, when measures are proposed, 
subversive, as they conceive, of that freedom, which all men, especially those who derive their 
constitution from Britain, have a right to enjoy ; and they flatter themselves that your lordships 
will not look upon them as objects so unworthy your attention, as to regard any impropriety in 
the form or manner of their application, for your lordships' protection, of their just and undoubted 
rights as Britons. 

" It cannot be presumption in your memorialists to call themselves bv this distinguished name, 
since they are descended from Britons, who left their native country to extend its territory and 
dominion, and who, happily for Britain, and as your memorialists once thought, for themselvesr 
too, effected this purpose. As our ancestors brought with them, every right and privilege they 
•ould with justice claim in their mother kingdom, their descendants may conclude, they cannot be 
deprived of those rights without injustice. 

" Your memorialists conceive it to be a fundamental principle of the British constitution, with* 
out which freedom can no where exist, that the people are not subject to any taxes but such 
as are laid on them by their own consent, or by those who are legally appointed to represent 
them ; property must become too precarious for the genius of a free people, which can be taken 
from them at the will of others, who cannot know what taxes such people can bear, or the easiest 
mode of raising them ; and who are not under that restraint, which is the greatest security against 
a burdensome taxation, when the representatives themselves must be affected by every tax im- 
posed on the people. 

" Your memorialists are therefore led into an humble confidence, that your lordships will not think 
any reason sufficient to support such a power, in the British parliament, where the colonies can- 
mot be represented : a power never before constitutionally assumed, and which if they have a right 
to exercise on any occasion, must necessarily establish this melancholy truth, that the inhabitants 
of the colonies are the slaves of Britons from whom they are descended ; and from whom they 
might expect even* indulgence, that the obligations of interest and affection can entitle them to. 

" Your memorialists have been invested with the right of taxing their own people from the first 
establishment of a regular government in the colony, and requisitions have been constantly made 
to them by their sovereigns, on all occasions when the assistance of the colony was thought neces- 
sary to preserve the British interest in America; from whence they must conclude, they cannot 
how be deprived of a right they have so long enjoyed, and which they have never forfeited. 

« The expenses incurred during the last war, in compliance with the demands on this colony by 
our late and present most gracious sovereigns, have involved us in a debt of near half a million, a 
debt not likely to decrease und°rthe continued expense we are at, in providing for the security of 
the people against the incursions of our savage neighbours; at a time when the low state of our 
staple commodity, the total want of specie, and the late restrictions upon the trade of the colonies, 
render the circumstances of the people extremely distressful ; and which, if taxes are accumula- 
ted upon them by the British parliament, will make them truly deplorable. 

" Your memorialists cannot suggest to themselves any reason, why thpy should not still be trusts 
ed with the property of their people, with whose abilities, and the least burdensome mode of tax- 
ing, (with great deference to the superior wisdom of parliament,) they must he best acquainted. 

« Your memorialists hope they shall not be suspected of being actuated on this occasion, by any 
principles but those of the purest loyalty and affection, as they always endeavoured bv their conduct 
to demonstrate, t hat they consider; their connexion, with Great Britain, the seat of liberty, as their 
greater happiness. 



£52 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — Miscellaneous. (Virginia memorials ; 1764.) 

" The duty they owe to themselves and their posterity, lays your memorialists under the ne- 
cessity of endeavouring, to establish their constitution upon its proper foundation ; and they do most 
humbly pray your lordships, to take this subject into your consideration, with the attention that is 
due to the well-being of the colonies, on which the prosperity of Great Britain does, in a great 
measure, depend." 

Mr Wythe was the author of the following remonstrance. " It was done with so much free* 
dona, that, as ne told me himself, his colleagues of the committee shrunk from it as wearing the 
aspect of treason, and smoothed its features to its present form.'" Mr. Jefferson. 

(( To' the Honourable the Knights, Citizens, and Burgesses of Great Britain, in Parliament 
assembled : 

"The Remonstrance of the Council and Burgesses of Virginia. 

" It appearing, by the printed votes of the house of commons of Great Britain, in parliament 
Assembled, that in a committee of the whole house, the 17th day of March last, it was resolved, that 
towards defending, protecting, and securing the British colonies and plantations in America, it 
may be proper to charge certain stamp duties in the said colonies and plantations; and it being 
apprehended that the same subject, which was then declined, may be resumed and further pur- 
sued in a succeeding session. The council and burgesses of Virginia, met in general assembly, judge 
it their indispensable duty, in a respectful manner, but with decent firmness, to remonstrate 
against such a measure ; that at least a cession of those rights, which in their opinion must.be in- 
fringed by that procedure, may not be inferred from their silence, at so important a crisis. 

" They conceive it is essential to British liberty, that laws, imposing taxes on the people, ought 
not to be made without the consent of representatives chosen by themselves; who, at the 
same time that they are acquainted with the circumstances of their constituents, sustain a portion, 
of the burden laid on them. The privileges, inherent in the persons who discovered and settled 
these regions, could not be renounced or forfeited by their removal hither, not as vagabonds or 
fugitives, but licensed and encouraged by their prince, and animated with a laudable desire of en- 
larging the British dominion, and extending its commerce : on the contrary, it was secured to 
them and their decendents, with all other rights and immunities of British subjects, by a royal 
charter, which hath been invariably recognised and confirmed by his Majesty and his predecessors, 
in their commissions to the several governors, granting a power, and prescribing a form of legisla- 
tion ; according to which, laws for the administration of justice, and for the welfare and good gov- 
ernment of the colony, have been hitherto enacted by the governor, council, and general assembly;, 
and to them, requisitions and applications for supplies have been directed by the crown. As art 
instance of the opinion which former sovereigns entertained of these rights and privileges, we beg 
leave to refer to three acts of the general assembly, passed in the 32nd year of the reign of king 
Charles II. (one of which is entitled « An act for raising a puhlick revenue for the better support 
of tlw government of his Majesty's colony of Virginia' imposing several duties for that purpose,) 
■which being thought absolutely necessary, were prepared in England, and sent over by their thea 
governor, the lord Culpeper, to be passed by the general assembly, with a full power to give the 
royal assent thereto ; and which were accordingly passed, after several amendments were made 
to them here : thus tender was his Majesty of the rights of his American subjects ; and the remon- 
strants do not discern by what distinction, they can be deprived of that sacred birthright and most 
yaluable inheritance, by their fellow subjects; nor with what propriety they can be taxed or affec- 
ted in their estates, by the parliament, wherein they are not, and indeed "cannot constitutionally, 
be represented. 

" And if it were proper for the parliament to impose taxes on the colonies at all, which the re- 
monstrants take leave to think, would be inconsistent with the fundamental principles of the con- 
stitution ; the exercise of that power, at this time, would be ruinous to Virginia, who exerted 
herself in the late war, it is feared, beyond her strength, insomuch that to redeem the money 
granted for that exigence, her people are taxed for several years to come ; this, with the larger 
expenses incurred for defending the frontiers against the restless Indians, who have infested her 
as much since the peace as before, is so grievous, that an increase of the burden would be intolera- 
ble ; especially as the people are very greatly distressed already from the scarcity of circulating 
cash amongst them, and from the little value of their staple at the British markets. 

" And it is presumed, that adding to that load which the colony now labours under, will not be 
more oppressive to her people than destructive of the interest of Great Britain ,• for the planta- 
tion trade, confined as it is to the mother country, hath been a principal means of multiplying 
and enriching her inhabitants; and, if not too much discouraged, may prove an inexhaustible 
source of treasure to the nation. For satisfaction in this point, let the present state of the British 
fleets and trade, be compared with what they were before the settlement of the colonies; and let 
it be considered, that whilst property in land may be acquired on very easy terms, in the vast un- 
cultivated territory of North America, the colonists will be mostly, if not wholly, employed in 
agriculture ; whereby the exportation of their commodities to Great Britain, and the consump. 
tion of manufactures supplied from thence, will be daily increasing. But this most desirable con- 
nexion between Great Britain and her colonies, supported by such a happy intercourse of recip- 
rocal benefits as is eoutiouitlly advancing the prosperity of both, must he interrupted, if the people 



"&77S, May.] HISTORICAL NOTES, &c. $5$ 



APPENDIX — Part 1st. — Miscellaneous. (Virginia proceedings, 1764.) 

of the latter, reduced to extreme poverty, should be compelled to manufacture those articles ther 
have been hitherto furnished with from the former. 

« From these considerations, it is hoped that the honourable house of commons will not prose- 
cute a measure, which those who may suffer under it cannot but look upon as fitter for exiles 
driven from their native country, after ignominiously forfeiting her favours and protection, than for 
the posterity of Britons, who have at all times been forward to demonstrate all due reverence to 
the mother kingdom ; aud are so instrumental in promoting her glory and felicity : and that 
British i>atriots will never consent to the exercise of any anticonstitutional power, which, even in 
fliis remote corner, may be dangerous in its example to the interior parts of the British empire, 
and will certainlv be detrimental to its commerce." 

No. 7. Revenue acts, 1767. Virginia proceedings, 1768. 

At p. 32, will be found the circular letter from Massachusetts to the other colonies, on the 
subject of Chs. Townshends revenue system, unfolded in the beginning of this year. The answer 
of the house of burgesses of Virginia to this circular, is alluded to p. 35. As the notice of it there 
is very brief, an account more at large is given of it here. 

It a'ppears that It. gov. Francis Fauquier, died in 1767 : (1) upon this event the executive go- 
vernment devolved on John Blair, president of the council: the legislature had been summoned 
to meet in March, 1768. " A few days previous to the opening of their session, the speaker re- 
ceived the circular letter ot Massachusetts, giving an account of their opposition to the parliamen- 
tary duties, and soliciting the concurrence of Virginia to her plan of constitutional resistance. A 
communication like ihis would naturally confirm the zeal of Virginia, if incentives had been want- 
ing. Their resolution however, was already formed, and the proceedings of her legislature are 
thus rapidly, but impressively, detailed iu their answer, through the medium of their speaker. 
After paying a just tribute of applause to the legislature of Massachusetts for then- attention to 
American liberty, they tell them that, 'After the most deliberate consultation, they thought it 
their duty to represent to the parliament of Great Britain, that they are truly sensible of the 
happiness aud security they derive from their connexions with, and dependance on Great Britain, 
and are under the greatest concern that any unlucky incident should interrupt that salutary har- 
mony, which they wish ever to subsist. They lament, " that the remoteness of their situation often 
exposes them to such misrepresentations, as are apt to involve them in censures of disloyalty to 
their sovereign, and the want of a proper respect to the British parliament; whereas they have 
indulged themselves in the agreeable persuasion, that they ought to be considered as inferior tO; 
none of their fellow subjects in loyalty and affection. 

"'Thai they do not affect an independency of their parent kingdom, the prosperity of which 
they are bound to the utmost of their abilities to promote, but cheerfully acquiesce in the autho- 
rity of parliament to make laws, for preserving a necessary dependance, and for regulating the 
trade of the colonies. Yet they cannot conceive, and humbly insist, it is not essential to support 
a proper relation between a mother country and colonies transplanted from her, that she should 
have a right to raise money from them without their consent : and presume they do not aspire to 
more than the natural rights of British subjects when they assert, that no power on earth ha3 a 
right to impose taxes on the people, or take the smallest portion of their property without their 
consent, given by their representatives in parliament. This has ever been considered as the 
chief pillar of the constitution ; without this support, no man can be said to have the least shadow 
of liberty, since they can have no property in that, which another can by right take from die m. 
when he pleases, without their conseut. 

"' That their ancestors brought over with them entire, and transmitted to their descendants, 
the natural and constitutional rights they had enjoyed in their native country ; and the first prin- 

(l) The following is /us character as drawn by Mr. Burk. " About tlds time died Francis 
Fauquier, lieutenant governor, at the age of 65 years, te?i of which had been passed in Virginia. 

« With some allowance, he was every thing that could have been wished for by Virginia 'under 
a royal government. Generous, liberal, elegant in his manners and acquirements ; his example 
left an impression of taste, refinement und erudition, on the character of the colony, which emi^ 
ne?itly contributed to its present high reputation in the arts. It is stated on evidence sufficiently 
authentick, that on the return of Anson, from his circumnavigation of the earth, he accidentally 
fill in with Fauquier, jrom whom in a single night's play, he won at cards the whole of his pa- 
trimony ; that afterwards, being captivated by tlie striking graces of this gentleman* s person 
and conversation, he procured for him the government of Virginia. Unreclaimed by tlie for- 
mer subversion of his fortune, lie introduced the same fatal propensity to gaming into Virgrniai 
and the example of so many virtues and accomplishments alloyed but by a single vice, was but 
too successfid in 'extending the influence of this pernicious and ruinous practice. He found 
amongst the people of his new government, a character compounded of the same elements a* 
his own; and he found little difficulty in rendering fashionable a practice, w/uch had before his 
arrival, already prevailed to an alarming extent. During the recess of the courts of judica- 
ture and assemblies, he visited the most distinguished landholders in the colonies ; and tlie rage 
af playing deep, reckless of time, health, or money, spread like a contagion amongst a class, 
proverbial for their hospitality, their politeness and fondness for expense. la every tiring tiff 
fjfle, Fauquier was the ornament and the delight of Virginia." 

39 



!54 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. {Virginia proceedings, 1768.) 

ciples of the British constitution were early ingrafted into the constitution of the colonies. Hence, 
a legislative authority, ever essential in all free states, was derived, and assimilated as nearly as 
might be to that in England ; the executive power, and the right of assenting or dissenting to all 
laws reserved to the crown, and the privilege of choosing their own representatives, continued to 
the people, and was coufirmed to them by repeated aud express stipulations. The government 
thus established, they enjoyed the fruits of their own labour, with a serenity which liberty only 
can impart. Upon pressing occasions they applied to his majesty for relief, and gratefully 
acknowledge, they have frequently received it from their mother country ; whenever their assist- 
ance was necessary, requisitions have constantly been made from the crown to the representatives 
of the people, who have complied with them to the utmost extent of their abilities. The ample 
provision made for the support of the civil government, in the reign ot king Charles the second, 
and at his request, and the large supplies voted during the last war, upon requisitions from his 
majesty and his royal grandfather, afford early and late instances of the dispositions of the assem- 
blies of this colony, and are sufficient proofs that the parliament of Great Britain did not, till lately, 
assume a power of imposing taxes on the people, for the purpose of raising a revenue. 

" ' To say that the commons of Great Britain have a right to impose internal taxes on the inha- 
bitants of this continent, who are not, and cannot be represented, is in effect to bid them prepare 
for a state of slavery. What must be their situation should such a right be established ? The co- 
lonies having no constitutional check on their liberality in giving away their money, cannot have 
an opportunity of explaining their grievances, or of pointing out the easiest method of taxation, for 
their doom will generally be determined before they are acquainted that the subject has been agi- 
tated in parliament, and the commons bear no proportion of the taxes they lay upon them. The 
notion of" a virtual representation, which would render all our rights merely ideal, has been so 
often, and so clearly refuted, that nothing need be said on that head. 

"'The oppressive stamp-act confessedly imposed internal taxes, and the late acts of parliament, 
giving and granting certain duties in the British colonies, plainly tend to the same point Duties 
have been imposed to restrain the commerce of one part of the empire, that was likely to prove 
injurious to another ; and by this means the welfare of the whole promoted : but duties imposed on 
such of the British exports as are necessaries of life, to be paid by the colonists on importation, 
without any view to the interests of commerce, but merely to raise a revenue; or in other words, 
to compel the colonists to part with their money against their inclinations ; they conceive to be a 
tax internal to all intents and purposes. And can it be thought just or reasonable, restricted as 
they are in their trade, confined as they are in their exports, obliged to purchase their very ne- 
cessaries at the British market ; that they should now be told, they shall not have them without 
paying a duty for them ? 

« ' The act suspending the legislative power of New York, they consider as still more alarming 
to the colonies, though it has that single province in view. If the parliament can compel them to 
furnish a single article to the troops sent over, they may by the same rule oblige them to furnish 
clothes, arms and every other necessary, even the pay of the officers and soldiers — a doctrine re- 
plete with every mischief, and utterly subversive of all that is dear and valuable : For what ad- 
vantage can the people of the colonies derive from their right of choosing their own representa- 
tives, if those representatives when chosen, not permitted to exercise their own judgments, 
■were under a necessity (on pain of being deprived of their legislative authority) of enforcing the 
mandates of a British parliament ? 

« ' This, sir, is a sketch of their sentiments, as they are expressed in a petition to his majesty ; i 
a memorial to the right honourable the lords spiritual and temporal ; and in a remonstrance to the J 
knights, citizens and burgesses of Great Britain in parliament assembled. In all those proceed- | 
ings the council of the colony have concurred, and have directed their agent, James Abercrorabie, | 
esq. to join Edward Montague, esq. their agent for this colony, in applying for redress of the i 
grievances they so justly complain of.— Copies were delivered to the president of the council, 
now commander in chief, who is desired to transmit them to the secretary of state appointed by ' ' 
his majesty to manage the affairs of North America, and Mr. Montague is enjoined to consult the J *■ 
agents of the other colonies, and to co-operate with them in every measure that shall be thought I '' 
necessary to be taken on this critical point. 

"'They trust they have expressed themselves with a firmness that becomes freemen, pleading f 
for essential rights, and with a decency that will take off every imputation of faction or disloyalty. j *?' 
They repose entire confidence in his majesty, who is ever attentive to the complaints of his sub- ,'| ' r j 
jects, and is ever ready to relieve their distress ; and they are not without hopes that the colonies, I ' 
united in a decent and regular opposition, may prevail on a new house of commons to put a stop 
to measures, so directly repugnant to the interests, both of the mother country and her colo- 
nies." Burk. 



No. 8. Revenue acts, 1767. Virginia proceedings, 1769. 

At p. 39, et seq. are given the famous "joint resolutions of the two houses of parliament, Feb. 
9, 1769." denouncing the conduct of Massachusetts, relative to the revenue acts of 1767; asserting 
in the most direct and positive terms, the absolute right at parliament to lay Duties and Taxes, 
upon his majesty's subjects in America. Before, this, all had stood upon the general declaratory 
aet of Mar. 1766, and on the exercise of the right of taxing, after that period. But on this occa- 
sion, the resolutions joined issue with the colonies, on the specifick point of right in regard to tax- 



1,1775, May.] HISTORICAL NOTES, &c. 255 



APPENDIX— Part 1st— Miscellaneous. (Virginia proceedings, 1769.) 

jug. Soon after these resolutions arrived, the Virginia legislature convened. Although parlia- 
ment seemed to direct all its denunciations against Massachusetts ; Virginia was not deceived nor 
Mattered, by a policy so flimsy and hollow : the questions on taxation and every other grievance, 
were common wrongs, and subjects of common complaint. The " resolutions'' of parliament 
covered the whole ground of controversy; they were communicated to the several Legislatures 
with great solemnity, under ministerial instructions, to the royal authorities in America. It was 
one among the many other foolish self deceptions of the King's advisers; they imagined the men- 
acing aspect of this great national assertion of right, by the lords and commons of England, 
would repress the evidently increasing hostility to the existing revenue laws, and the principle on 
which the colonists founded their opposition. 

The Virginia assembly was opened May 11, 1769, hy the new governor lord Botetourt, who had 
recently arrived. The first subject of consequence taken up was, that of grievances ; and as most 
immediately demanding their notice, the assumptions contained in the "joint Resolves of parlia- 
ment." Their petition to the king on this occasion, equally remarkable for its sincere expressions 
of loyalty, and bold assertion of constitutional rights, is given at large p. 41. 

The resolves of the house which preceded it, and for which the governor immediately dissolved 
the assembly, are not stated; I shall here subjoin these, accompanied by the introductory remarks 
of the historian. (Burk.) 

The new assembly "convened, agreeably to notice, and were addressed by the governor in a 
speech, calculated by its affectionate and conciliatory temper, to sooth every irritation of feeling. 
Amongst other things, it contained an assurance that the chief governor, by his majesty's instruc- 
tion, would in future reside within the colony. The reply of the burgesses was respectful and 
complimentary, but marked by a character of caution and reserve. The governor, notwithstand- 
ing the favourable sentiments entertained of his honour and humanity, had given offence by the 
gaudy parade and pompous pageant, exhibited during the first day of the session. He was drawn 
upon that occasion by eight milk white horses, in a state coach presented him for that purpose by 
the king; and the same formalities were observed, as when the British sovereign goes in state to 
open the parliament. A pageant so opposite to the becoming simplicity of past times, could not 
fail to strike a body so enlightened, and it was designed they imagined, by this unmeaning glitter, 
to impress with reverence and abasement the senses of the people 

" The governor having proposed no specifick objects for their consideration, the house proceed- 
ed without delay, to a spirited inquiry into the nature and tendency of the late parliamentary du- 
ties, which they scrupled not to ascribe to a deliberate intention, of subverting the ancient rights 
and constitution of the colony. In the investigation of this important subject, they were no longer 
embarrassed by the sophistry of opposition, one unanimous sentiment having absorbed all the 
shades and distinctions of opinion. In this spirit, the following resolutions were submitted and 
adopted. 

[May 16.] " Resolved, nemine contradicente, That the sole right of imposing taxes on the 
inhabitants of tlds his majesty's colony and dominion of Virginia, is now,- and ever has been, 
legally and constitutionally vested in the house of burgesses, lawfully convened, uccording to the 
ancient and established practice, with the consent of the council, and qf his majesty the king of 
Britain, or his governor for the time being. 

" Resolved, nemine contradicente, That it is the undoubted privilege of the inhabitants of 
this colony, to petition their sovereign for redress of grievances, and that it is lawful and expe- 
dient to procure the concurrence of his mnjesty's other colonies, in dutiful addresses, praying 
the royal interposition in favour of the violated rights oj America. 

" Resolved, nemine contradicente, That all trials for treason, misprison of treason, or for 
any felony or crime whatsoever, committed or done in tlds his majesty's said colony and domin- 
ion, by any person or persons residing therein, ought of right to be had and conducted in and 
Before his majesty's courts held within his said colony, according to tlie fixed and know course of 
proceeding ,■ and that the seizing any person or persons residing in (his colony, suspected of any 
crime whatsoever committed therein, and sending such person or persons to places beyond tlie 
sea to be tried, is highly derogatory of the rights of British subjects, as tliereby the inestimable 
privilege of being tried by a jury from their vici7iage, as well as the liberty of summoning and 
producing witnesses in such trial, will be taken away from the party accused 

" Resolved, nemine contradicente, That an humble, dutiful and loyal address, be presented 
to his majesty, to assure him of our inviolable attachment to his sacred person and government, 
and to beseech his royal interposition, as the father oj all his people, however remote from the 
seat of his empire, to quiet the minds of Ids loyal subjects of this colony, and to avert from them 
those dangers and miseries which will ensue, from tlie seizing and carrying beyond sea any person 
residing in America, suspected of any crime whatsoever, to be tried in any other manner than by 
tlie ancient and long established course of proceeding." 

" It -was then * Ordered, that the speaker oj this house do transmit, -without delay, to the speak- 
ers of the several houses of assembly on this continent, a copy of the resolutions now agreed to by 
this house, requesting tlieir concurrence therein? 7 

" On the following day, \_May 17,] as if no longer hoping for redress, or disdaining to solicit it 
from the corruption and arrogance ot parliament, an address to the king alone was agreed to, ac- 
companied by an order that the speaker should transmit it to the agent of the colony, « with di» 



£56 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— Miscellaneous. (Virginia proceedings, 17G9.) 

ructions to cause the same to be presented to his most excellent majesty, and afterwards to be 
printed and published in the English papers.' 

" But the governour had now taken the alarm, and at 12 o'clock on the following day, f_18th,3 
having proceeded to the capitol, he sent a message by his secretary, Mr. Walthoe, to the speaker 
and house of burgesses, to meet him in the council chamber: The summons being instantly obey- 
ed, he addressed to them the ominous and alarming sentence, 

Mr. Speaker, and Ge?itlemen of the House of Burgesses. 

"1 have heard of your resolves, and augur ill of their effects. You have made it my duty to dis- ■■ 
solve you, and you are dissolved accordingly.'" 

" But the time was past, when the mere breath of authority could extinguish the light of justice 
and reason. With one consent, the representatives repaired to a private house in the city, and 
having appointed their speaker moderator, a nonimportation agreement was immediately entered 
into, which having been unanimously signed by all the members present, was by order sent for 
signatures through the country." 

Mr. Burk adds, " These spirited proceedings had the beneficial effect of confirming the oppo- 
sition of the other colonies, more especially of Massachusetts, against which the vindictive policy of 
administration had been particularly directed. Virginia — and her courage, intelligence and patri- 
otism became, throughout America, themes of grateful panegyrick." (1) 

One considerable object of this compilation, being to exhibit the real patriotism of that period ; 
affording to posterity, bright examples of those solid virtues, and that manly courage and fortitude, 
which inspired the bosoms of their ancestors j I here subjoin the form of " association," with the 
names of the truly great men and patriots who subscribed it : Among them will be found, those 

Of WASHINGTON, LEE, HENRI, JEFFERSON, &C. 

Copy qf ASSOCIATION. 

"We, his majesty's most dutiful subjects, the late representatives of all the freeholders of the 
colony of Virginia, avowing our inviolable and unshaken fidelity and loyalty to our most gracious 
sovereign, our affection for all our fellow subjects of Great Britain, protesting against every act or 
thing which may have the most distant tendency to interrupt, or in any wise disturb his majesty's 
peace and the good order of his government in this colony, which we are resolved at the risk of 
our lives and fortunes to maintain arid defend ; but at the same time being deeply affected, with the 
grievances and distresses with which his majesty's American subjects are oppressed, and dreading 
the evils which threaten the ruin of ourselves and our posterity, by reducing us from a free and 
happy people to a wretched and miserable state of slavery; and having taken into our most serious 
consideration the present state of the trade of this colony, and of the American commerce in gene- 
ral, observe with anxiety ; that the debt due to Great Britain for goods imported from thence is ( 
very great, and that the means of paying this debt, in the present situation of affairs, are likely to 
become more and more precarious ; that the difficulties under which we now labour are owing to \ 
the restrictions, prohibitions, and ill advised regulations, in several late acts of parliament of Great 
Britain ; in particular, that the late unconstitutional act imposing duties on tea, paper, glass, &c. for 
the sole purpose of raising a revenue in America, is injurious to property and destructive to liber- 
ty ; hath a necessary tendency to prevent the payment of the debt due from this colony to Great 
Britain, and is of consequence ruinous to trade ; that notwithstanding the many earnest applications 
already made, there is little reason to expect a redress of those grievances : Therefore, in justice 
to ourselves and our posterity, as well as to the traders of Great Britain concerned in the Ameri- 
can commerce, we, the subscribers, have voluntarily and unanimously entered into the following 
resolutions, in hopes that our example will induce the good people of this colony, to be frugal in the 
use and consumption of British manufactures, and that the merchants and manufacturers of Great 
Britain may, from motives of interest, friendship and justice, be engaged to exert themselves to 
obtain for us a redress of those grievances, under which the trade and inhabitants of America at 
present labour. We do therefore most earnestly recommend this our association to the seri- 
ous attention of all gentlemen merchants, traders, and other inhabitants of this colony, in hopes 
that they will very readily and cordially accede thereto. 

" First, It is unanimously agreed on and resolved, this 18th day of May, 1769 ; that the subscri- 
bers, as well by their own example as all other legal ways and means in their power, will promote 
and encourage industry and frugality, and discourage all manner of luxury and extravagance. 

« { Secondly, That they will not at any time hereafter, directly or indirectly, import, or cause to 



(1) The parliamentary resolutions in Feb. 1769, very much increased the discontents* 
prevailing, against the duties of 1767 ; It appears that this threatening document had scarcely 
passed through the two houses, before it was resolved upon in the British cabinet to aban<!r», the 
taxes; and this intention was communicated to the several governors, and was laid before the 
several legislatures, almost as early as the parliamentary resolves ; The partial repeal of the act, 
.produced some degree of quiet until 1773. See p. 45, et seq. 



{1775, May.! HISTORICAL NOTES, &c. 257 



APPENDIX— Part 1st.— Miscellaneous. {Virginia proceeedings, 1769.) 

6e imported, any manner of goods, merchandize or manufactures, which are, or shall hereafter 
be taxed by act of parliament for the purpose of raising a revenue in America, (except paper not 
exceeding eight shillings sterling per ream, and except such articles only as orders have been al- 
ready sent for) nor purchase any such after the first day of September next, of any person what- 
soever, but that they will always consider such taxation in every respect, as an absolute prohibition, 
and in all future orders, direct their correspondents to ship them no goods whatever taxed as afore- 
said, except as is above excepted. 

" Thirdly, That the subscribers will not hereafter, directly or indirectly, import, or cause to be 
imported, from Great Britian, or any part of Europe, (except such articles of the produce or 
manufacture of Ireland as may be immediately and legally brought from thence, and except also 
such goods as orders have been already sent for) any of the goods hereinafter enumerated, viz. 
spirits, wine, cider, perry, beer, ale, malt, barley, peas, beef, pork, fish, butter, cheese, tallow, 
candles, oil, fruit, sugar, pickles, confectionary, pewter, hoes, axes, watches, clocks, tables, chairs, 
looking-glasses, carriages, joiners and cabinent work of all sorts, upholstery of all sorts, trinkets 
and jewellery, plate and gold, and silversmiths' work of all sorts, ribband and millinery of all sorts, 
lace of all sorts, India goods of all sorts, (except spices) silks of all sorts (except sewing silk) cam- 
brick, lawn, muslin, gauze, (except bolting cloths) calico or cotton stuffs of more than two shillings 
per yard, linen of more than two shillings per yard, woolens, worsted stuffs of all sorts of more 
than one shilling and sixpence per yard, broadcloths of all kinds at more than eight shillings per 
yard, narrow cloths of all kinds at more than three shillings per yard, hats, stockings, (plaid and 
Irish hose excepted,) shoes and boots, saddles, and all manufactures of leather, and skins of all 
kinds ; until the late acts of parliament imposing duties on tea, paper, glass, &c. for the purpose of 
raising a revenue in America, are repealed ; and that they will not, after the first of September 
next, purchase any of the above enumerated goods, of any person whatsoever, unless the above 
mentioned acts of parliament are repealed. 

" Fourthly, That in all orders which any of the subscribers may hereafter send to Great Britain, 
they shall and will expressly direct their correspondents not to ship them any of the before enu- 
merated goods, until the before mentioned acts of parliament are repealed ; and if any goods are 
shipped to them, contrary to the tenour of this agreement, they will refuse to take the same, or 
make themselves chargeable therewith. 

" Fifthly, That they will not import any slaves, or purchase any imported, after the first day of 
November next, until the said acts are repealed. 

" Sixthly, That they will not import any wines of any kind whatever, or purchase the same 
from any person whatever, after the first day of September next, except such wines as are al- 
ready ordered, until the acts of parliament imposing duties thereon of parliament are repealed. 

" Seventhly, For the better preservation of the breed of sheep, that they will not kill, or suffer 
to be killed, any lambs that shall be yeaned before the first day of May, in any year, not dispose 
of such to any butcher, or other person whom they may have reason to suspect intends to kill 
the same. 

" Eighthly and lastly, That these resolves shall be binding on all and each of the subscribers, 
■who do hereby each and every person for himself, upon his word and honour, agree that he will 
strictly and firmly adhere to and abide by every article in this agreement, from the time of his 
signing the same, for and during the continuance of the before mentioned acts of parliament, or 
until a general meeting of the subscribers, after one month's publick notice shall determine other- 
-wise, the second article of this agreement still and for ever continuing in full power and force. 

" Peyton Randolph, Robert Carter Nicholas, Richard Bland, Archibald Cary, Richard Henry 
Lee, Charles Carter, George Washington, Carter Braxton, Severn Eyre, Richard Randolph, 
Patrick Henry, jun. Peter Johnston, Henry Lee, Nathaniel Terry, Thomas Whiting, Thomas Jef- 
ferson, Thomas Nelson, jun. James Walker, John Alexander, Champion Travis, George Ball, Tho- 
mas Harrison, Thomas Claiborne, John Blair, jun. Thomson Mason, Josias Payne, jun. Burwell 
Bassett, Richard Anderson, James Scott, jun. John Green, Wilson Miles Cary, Gabriel Jones, 
Willis Riddick, Thomas Glascock, John Woodson, Ben. Howard, Isaac Read, Foushee Tebbs, 
Edward Osborne, Francis Peyton, Abraham Hire, James Wood, Richard Baker, Edwin Gray, 
Robert Munford, Henry Taylor, Joseph Cabell, Alex. Trent, Johu Mayo, David Mason, Wm. 
Macon, jun. Hugh lones, Boiling Stark, Robert Boiling, Paul Carrington, Thos. Walker, Wm. 
Cabell, jun. Nathaniel Edwards, jun. Robert Rutherford, Thos. Barber, Charles Lynch, James 
Hamilton, John Wilson, Wm. Clayton, Robert Munford, (Mecklenburg,) Thomas Baily, Thos. 
Scott, Lewis Burwell, John Harmanson, Thomas Parramore, John Donelson, Cornelius Thomas, 
Thomas Johnson, John Lewis, Jan. Wm. Rone, Wm. Acrrill, Hartweli Coke, John Talbot, Rich- 
ard Lee, Joseph Hutchings, Edward Hack Mosely, jun. John Ackiss, James Bridger, David 
Mead, Southy Simpson, Peter Poythress, Philip Ludwell Grymes, Richard Starke, clerk to the 
association." (1) 

(1) Gov. Botetourt, died in the fall of the following year, [1770.] His character is thus 
shortly given by Mr. Buik ; " This year died Norborne lord Botetourt, governor of Virginia : a 
man possessed of every publick and private virtue -which can adorn human nature. Employed 
by a corrupt minister, on account of his splendid rank and engaging address, to awe, intimidate 
ty and patriotism of Virginia, he made Ids publick entry a 



or seduce the integrity and patriotism of Virginia, he made his publick entry as has been already 
noticed, with the pomp and splendour of majesty itself. He was told that the people of his govern* 
ment were disposed to mufiny and rebctlio'n ; that they weve licentious andimtnoral, and spurnednt 



£58 [1775, May.] HISTORICAL NOTES, & 

APPENDIX— Part 1st— Miscellaneous. (Mutiny act, 1769.) 

No. 9. 1769. Mutiny act. p. 45. 

At Note 1. p. 45. before [July 12 ] read [July 6.] " The governor sent a message to the | 
cdurt, with accounts of the expenditures already incurred by quartering his majesty' s troops ; ' 
desiring funds to be provided for discharging the same ; and requiring a provision for the far- |1 
ther quartering qftiie forces in Boston and Castle Island, according to act of parliament? 
Holmes. 

No. 10. Revenue acts, 1767. Philadelphia Mercliants, 1769. j 

At this period, the opposition'Xo Townshend's revenue actspassed in 1767, was very high in the : j 
colonies. In the spring however Of this year, (1769) it had been resolved upon, to repeal the act |J 
of June 29, 1767, laying the duties, excepting " Tea." 

This intention was communicated to the colonies, by the earl of Hillsborough in May ; and ; I 
during the next session of parliament it was repealed, Ap. 12. 1770. p. 45. et seq. 

The intended repeal, with an " exception of the Tea," did not satisfy the colonies. Massachu- "1 
setts and Virginia immediately protested against ^partial repeal, which did not remove the griev- I' 
ance ; (p. 46.) it was the principle they contended against. The merchants and inhabitants of 
these colonies therefore immediately and before the repeal, entered anew into general non-im- |, 
portation agreements, until there should be a total repeal of this and all revenue acts. Other col- ,j 
«nies.followed their example, p. 45. 6. &c. 

After notice of the intended repeal, and as late as Nov. 25, the Merchants of Philadelphia 
determined upon the same generous system, in order if possible to force ministers to a total 
repeal. 

1 extract an account of their conduot on this occasion from Gordon, as follows : 

" Though the testimony of the Pennsylvania assembly against the resolves of parliament, and ia 
favour of the Virginia resolves, the repeal of all the revenue acts, and a redress of all grievances, 
was wanting; (1) yet the Philadelphia committee of merchants, whose character and influence in 
the present business weighed more than that of the assembly, failed not to express their minds 
fully to the committee in London, long after the circular letter of lord Hillsborough was a matter 
of notoriety. They thus wrote [ Nov. 25.] ' Though we are not favoured with an answer to 
our letter of the eighth of April last, yet as the liberty of America is at stake, and the minds of 
the people here are much agitated, and as the continuation of the unhappy dispute between the 
parliament and the colonies must not only affect your and our interest, but the general interest L 
and happiness of both countries; we think it our duty to apply to you again, and earnestly request 
you would use your best endeavours with those in the administration, to restore tranquility, and 
re-establish the colonies in the enjoyment of their ancient rights and privileges. We are very 
sensible, that the prosperity of the colonies depends upon their union and connection with Great 
Britain. In this sentiment all the Americans concur, yet they cannot bring themselves to think 

(1) Alluding to the resolutions of parliament and counter -re solutions of Virginia, p, 40. 

the just authority of the parent state. As the difficulties he must encounter were obviously great, j 
it -was represented, that great would be the glory of reclaiming them to order and government, t, 
He came ; he looked around him ; he judged for himself. Instead of mutiny, immorality, and trea- 
son ; he saw a people, devoted indeed to liberty, and ready to seal tfieir attachment with their 
blood; but at the same time loyal, just, humane, disposed to affection, and won even by trifling 
kindness. The result of these observations was in various shapes transmitted to his government, 
and various artifices were used by fallacious hopes and studied delays, to impose at once on the 
governor and people of Virginia. Disgusted at length with these hollow assurances, he indig- 
nantly demanded his recal, and the se7ise of his own violated honour, added to his sorrow for the | 
condition of the colony, preying on a delicate constitution and a keen sensibility, he was taken f 
off by an acute disease after a few days illness, regretedby all as their friend, tlieir benefactor, f 
tlieirfather. 

Subjoined to this is a character of the governor, which woxdd seem to be drawn by another* 
hand : independent of 'its worth as a biographical memoir of an excellent man; it is placed here [ 
as furnishing evidence, of the sentiments of a competent andsurely not a biased judge, that the \\ 
opposition to British measures in Virginia, did not spring from a spirit of disloyalty and faction, 
or thirst for independence i but from a sincere conviction of violated rights, and the necessity" 
at all hazards of repelling further encroachments upon the vital liberties of freemen. 

"In 1768 lord Botetourt began his admitiistration, as governor in chief; the first governor, I 
think, since lord Culpepper, who condescended to come to this colony : And he came with a sincere 
hope, that he could heal the wounds which Virginia and the other colonies had received. He did 
his utmost to remove from the minds of tlie ministry their suspicion, that Virginia was disposed t# 
throw off the government of Britain, affirming as he did, in letters which he gave open to Peyton 
Randolph and 11. C. Nicholas, arid which they read and then sealed with Ids seal, and sent to 
lord Hillsborough — w I think that the king of Great Britain has not more loyal subjects m the 
whole extent of his dominions than the people of Virginia." And as soon us the oppressive nature 
of the several taxes laid by the British parliament on the colonies, was pointed out to himby these 



[1775, May. J HISTORICAL NOTES, &c 



APPENDIX— Part Ut—Jliscellaneous. (Phiudelphia Merchants 1769.) 

that for this reason they ought to be divested of liberty and property. Yet this must be the case, 
if the parliament can make laws to bind the colonies in all cases whatever — can levy taxes upon 
them without their consent, dispose of the revenues thus raised without their control, multiply offi- 
cers at pleasure, and assign them fees to be paid without, nav , contrary to and in direct violation of, 
acts of assembly regularly passed by the colonies and approved by the crown — can enlarge the pow- 
ers of the admiralty courts, divert the usual channels of justice, deprive the colonists of trial by a jury 
of their own countrymen, in short, break down the barriers which their forefathers have erected 
against arbitrary power, and enforce their edicts by fleets and armies. To such a system of gov- 
ernment, the Americans cannot tamely submit; not from an impatience of subordination, a spirit 
Of independence, or want of loyalty to their king; for in a quiet submission to just government, in 
zeal, affection aud attachment to their king,' the people of the colonies dare to vie with any of the 
best of their fellow subjects; but from an innate love of liberty and the British constitution. 

" * In our last, we intimated our fears that the miuistry were greatly abused, and the people 
of America grossly misrepresented, by some who did not wish well either to Great Britain or the 
•olonies. The letters of one of our American governors, (Bernard) and in the memorials of a 
board lately erected among us, not to mention other documents laid before the publick, evince 
that our fears were but too well grounded. From these it is apparent, that every sly art has 
been used to incense the ministry against the colonies ; every argument that malice could invent 
has been urged, to induce them to overturn the ancient foundations of liberty. Nay, to compass 
their base ends, they have declared in express terms, and taken uncommon pains, to make the 
ministry believe, that, ' there has been a long concerted and extensive plan of resistance to the 
authority of Great Britain in all the provinces, and that a seizure made at Boston had hastened 
the people there, to the commission of actual violence sooner than was intended. 

" In justice to the province where we reside, and indeed to all America, we beg leave to assure 
you, that such representations are without any just foundation, and that nothing can be a greater 
deviation from truth. Though at the same time we confess, that the ends accomplished by these 
and such like infamous slanders and vile arts, have given a general alarm, and caused a universal 
uneasiness in the minds of the Americans. They now see a rod of power held over their heads; 
they begin to feel the severities of a court, that by its late enlarged jurisdiction, is empowered to 
break in upon the proceedings of the common law courts ; and they have anxious fears for the 
existence of their assemblies, which they consider as their last and only bulwark against arbitrary 
power. For if, say they, laws can be made, money levied, government supported, and justice 
administered, without the intervention of assemblies, of what use can they be ? They are no 
essential member of the constitution. And being useless and unessential, is there not reason to 
fear they will quickly become disagreeable, and then be wholly laid aside ? and when that hap- 
pens, what security have we for freedom, or what remains for the colonist, but the most abject 
slavery ? 

«« These are not the reasonings of politicians; but the sentiments and language of the people 
in general. For with great truth we may say, in no country is the love of liberty more deeply 
rooted, or the knowledge of the rights inherent to freemen, more generally diffused, and the 

patriotick gentlemen, he never ceased to urge on the ministry the propriety of their repeal; and 
once had actually obtained such a promise as he thought he could rely on, and -with the highest 
satisfaction announced it to tlie genei-al assembly. But finding himself deceived by a perfidious 
gove-nment, lie boldly demanded his recall, and declared that he -would not be their tool, or at' 
tempt to oppress an innocent and virtuous people. He survived this manly exercise of his judg- 
ment, influenced by sentiments of honour and sound political justice, but a few months, as he died 
in the fall after, of a billious fever, -which J thought -was greatly aggravated by his chagrin and 
disappointment. He was a generous patron of the arts and sciences, giving out of las private 
purse, valuable silver and gold medals as prizes to the students at college, arid paid an incredible 
! attention to the professors and students at William and Mary college. For these reasons, most 
! deservedly the general assembly erected his statue, us a monument to his memory, in the area of 
J (heir capital, although the inscriptions express imperfectly -what tlie members knewandfelt. 

" He was easy of access, even to the poorest, whether they called on him through mere curiosity, 

' as many did, or on business ; in eitfier case, such was his happy temper and disposition, that all 

j left him satisfied. He expedited business in the supreme courts by his early and constant utten- 

i dance ; meeting the councillors on the bench nearly two hours sooner than they had ever been ac- 

| customed to meet, and detaining them there an hour or two longer than any otlier governor had 

done. And the business of the county court he expedited, by leaving out of the commission of 

i justices the names of those who neglected to attend without sufficient cause. 

I " Botetourt began his administration with great parade ; he met tlie assembly in a state coach 

i "which had been presented to him by the king, and in imitation ofliis sovereign, tlds equipage was 

J drawn by six white horses, which slowly drew him from the palace to the capitol. As well as lean 

I recollect, his lordship laid aside this pompous ceremony, wften he found it producednone of the desired 

I effects There can be no doubt that he had been instructed, to impress us generally with idei-s of 

| royal splendour and its attendant power ; and to diffuse by this means into minds susceptible of 

it, a hope of being elevated to stations where some portion of this splendour might be enjoyed. In 

short, it cannot be doubted (liotwitlistunding his honest declaration to the British /niiuster) that 

he would have coaxed us or ttullkdus into a submission to the will of fas royal master if lie could, 



!60 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— -Miscellaneous. (Philadelphia merchants, 1769.) 

principles of freedom and government better understood, than among the British American col* 
onies. 

" « For this reason, we think ourselves obliged to inform you, that though the merchants have 
confined their agreements to the repeal of the act laying a duty on tea, paper, glass, &c. yet no- 
thing less than a repeal of all the revenue acts, and putting things on the same footing they 
were before the late innovations, can or will satisfy the minds of the people. The fleets and ar- 
mies may overawe our towns ; admiralty courts and boards of commissioners, with their swarms 
of underliugs may, by a rigorous execution of severe unconstitutional acts, ruin our commerce, and 
render America of little use to the people of Britain; but while every farmer is a freeholder, the 
spirit of liberty will prevail, and every attempt to divest them of the privileges of freemen, mus£ 
be attended with consequences injurious to the colonies and the mother country. 

" In a matter of so great importance you will excuse this freedom. We consider the mer- 
chants here and in England, as the links of the chain that binds both countries together. They are 
deeply concerned in preserving the union and connection. Whatever tends to alienate the affec- 
tions of the colonists, or to make them averse to the customs, fashions and manufactures of Brit- 
ain, hurts their interest. While some therefore, from ambitious views and sinister motives, are 
labouring to widen the breach, we whose private interest is happily connected with the union, or 
which is the same, with the peace and prosperity of both countries, may be allowed to plead far 
an end of these unhappy disputes ; and that by a repeal of the offensive acts, the cause of jealousy 
and uneasiness may be removed, tranquility restored, harmony and mutual affection re-estah? 
lished, and trade return to its usual channel.' 

" The names of the committee on the back of the draft from which the above has been occu- 
pied, were, Alexander Huston, John Rhea, John Cox, John Gibson^ Joseph Swift, James 
Mease, J. M. Nesbit, William West, Robert Morris, Charles Thomson, Daniel BenezGg, 
William Fisher, George Roberts, Samuel Howell, and Thomas Mifflin" Gord. 

JVb. 11. 1769. Sir Francis Bernard, p. 53. 

To the note relative to sir Francis Bernard, at p. 53, it may be added. " that on a hearing 
before the king in council, upon the petition of the house to remove him from the government, it 
was dismissed; and a pension, in addition to his title of baronet, of 10001, sterling was settled f 
upon him for life- The mention of his recall in 1770, p. 60, is a mistake of the writer of lorfl r 
North's Administration — his recall was in 1769, as mentioned p. 58. 

t 

JVb. 12. 1770. Regulators, p. 52. 

The defeat of the « Regulators" in N. Corolina, by gov. Tryon, referred to at this page and 
year, happened May 16, 1771. and is thus related : 

" A body of the inhabitants of North Carolina, complaining of oppressions practised in the law | 

! 

•when he first came amongst us. But he had too much feeling not to feel for us, when he saw our 
oppression i too much of a manly spint to wish to have that crushed, which as a brave English* I 
man, he must have thought was glorious in the descendants of their loyal fellow subjects of Bri- \ 
tain, and he had too high a sense of honour, not to desist from the base attempt which he saw • 
was made to deceive, oppress and enslave a virtuous people, and no small portion of his Jellovr i 
subjects." 

Mr. Burk adds, " Notwithstanding the great events which agitated Virginia in common with ' 
all America, the virtues of the late governor were not forgotten, and the regrets of the house of Ai 
burgesses displayed themselves, in a manner equally worthy of the deceased and the long establish- 
ed character of the colony." 

They " Resolved, nemine contradicente, That an elegant statue of his late excellency, the 
righ f honourable Norborne baron de Botetourt, be erected in marble at the publick expense, vritk 
proper inscriptions, expressing the grateful sense this house entertains of his lordship's prudent 
and wise administration, und their great solicitude to perpetuate, as far as they are able, the 
remembrance of those many publick and social virtues which adorned his illustrious character. 
That the same be sent for to Great Britain, under the direction of the honourable William 
Nelson, Thomas Nelson and Peyton Randolph, esquires ; Robert Carter Nicholas, Lewis 
Burwell, and Dudley Oiggs, esquires. 

"Rksolvkd, 7 hut the treasurer pay for the statue to be erected to the memory of lord Bote- 
tourt, out of the publick money in the treasury." Burk. 

Nothing is more characteristick of intellectual cultivation, and the refinement of manners which, 
prevailed among the leading characters in Virginia, at that day, than the personal conduct they 
observed towards the constituted authorities, in the political contentions of the times : Their vigi- 
lance never slept, nor did they desist from asserting on every occasion, the rights of America in 
the most forceable and convincing language, yet everaccompanied with that courtesy and regard 
to forms ot deportment, which elevated their own characters, and gave to their proceedings an air 
of sincerity and cool determination, much better calculated, either to persuade or alarm their 
oppressors, than petulence, angry denunciation, and abuse. 



[1775, May.] HISTORICAL NOTES, &c. 261 



APPENDIX — Part 1st. — Miscellaneous. (Boston committee, Gaspee. 1772.) 

and by the officers of the judicial court, rose in arms, to the number of about fifteen hundred, 
under the name of regulators, for the purpose of shutting up the courts of justice, destroying 
all officers of government, and all lawyers, and of prostrating government itself. Governor Try- 
on marched against them with about one thousand militia, and in a battle at Ahnansee, on the six- 
teenth of May, totally defeated them. Three hundred of the regulators were found dead on the 
field. At the supreme court in June, twelve of the insurgents were tried and condemned for 
high treason, and six of them were executed. Holmes. 

No. 13. 1772. Boston Committee, p. 54. 

The Boston Committee of correspondence, mentioned in this page, (under date Nov. 2.) consis- 
ted of 21 gentlemen of great character and talents. Dr. Holmes, in his annals, asserts that it " was 
the basis of the subsequent union of the colonies." The persons named on it were "James Otis, 
Samuel Adams, Joseph Warren, Benjamin Church, William Dennie, William Greenkaf, Jo- 
seph Greenleaf, Thomas Yowig, William Powell, Nathaniel Appleton, Oliver Wendell, John 
Sweetzer, Josiah Quincy, John Bradford, Richard Boynton, William JWackay, Nathaniel 
Barber, Caleb Davis, Alexander Hill, William Molineux, and Robert Pier point, s Esquires." 
Holmes. 

No. 14. 1772. Gaspee p. 55. 

Mr. Gordon states this transaction as follows : " The aftair which has happened in Rhode Island, 
■will prove a fresh provocation to ministry, and tend to fix them in their plans respecting the colo- 
nies. 

" Lieutenant Dudington , the commander of the late armed schooner the Gaspee, had been 
remarkably assdiuous in supporting the laws against smuggling, and in searching alter contra- 
band goods, by which he had given great offence. He had also brought upon himself the resent- 
ment of many, by firing at the Providence packets (employed in transporting goods and passen- 
gers from thence to Nexuport, and vice versa) in order to oblige the mastc-i s to take down their 
colours, and by chasing them even into the docks when it had been refused. The Providence 
| packet coming up, as usual with colours flying and company on board, probably a pnrt\ of plea- 
sure, as is frequent in the summer season, and refusing to take them down,, the lieutenant fired a 
shot, which being disregarded, he chased. \June 9, 1772.] It was near upon or quite high. 
I water. The packet stood in with the land as close as consisted with safety, designing that the 
Gaspee should be run aground in the chase. The design succeeded. The Gaspee was soon 
fast, and could not stir, the tide having doue flowing. The packet proceeded to town. The sit- 
uation of the Gaspee, and resentment against the commander, excited the thought of attacking 
and destroying her. Mr. John Brown, a considerable merchant of Providence, was the princi- 
pal in the business. Captain Whipple was immediately employed to beat up for volunteers, and a 
number offered, and engaged to go upon any service for which they were wanted. Several whale 
boats were procured and tilled with armed men. Mr. Brown accompanied them in the expedi- 
tion. Captain Whipple as they proceeded, observed to Mr. Brown, that he might lose his life, and 
that he had a family, and therefore he required that care should be taken of them in case of his 
death. Mr. Brown engaged to do it should that happen. [June, 10.] About two o'clock in the 
morning they boarded and carried the schooner, as she lay aground about seven miles below 
Providence. Mr. Brown was himself the first on board. The lieutenant was wounded. He 
and the crew were put on shore, and every thing valuable belonging to him, was taken out and 
saved for him ; after which the Gaspee, with all her stores, was burned. 

" Though a reward of five hundred pounds, together with a pardon if claimed by an accom- 
plice, has been offered by proclamation, for discovering and apprehending any of the persons con- 
cerned ; yet the commissioners appointed to try the matter, have transmitted accounts to minis- 
try, that they can obtain no evidence. If any one had wished to give evidence, that he might 
I get the reward, yet the thought that he should risk his life, or be obliged to fly the country and 
become a perpetual exile, would naturally have overcome such propensity. It was too hazard- 
j ous to turn informer. Some who were secured, in expectation that they would give intelligence, 
1 were assisted by the populace in making their escape, before any thing material could be learnt 
' from them by the commissioners." Gord. 

« A commission under the great seal of England arrived in December, appointing Joseph Wan- 
on, Governor of Rhode Island, Daniel Horsmander chief justice of New York, Frederick Smith 
hief justice of New Jersey, Peter Oliver, chief justice of Massachusetts Bay, and Robert Auch- 
tuty judge of Admiralty, to make inquiry concerning this transaction. Their commission was 
lened and read, in the council chamber of the court house in Newport, 5 Jan. 1773 : and their 
Ving terminated 24 June. Pres. Stiles', MSS." 

This is the " court" alluded to in the address of the first congress, to the inhabitants of the 
Imies, as established at Rhode Island, see p. 128. It was a court odnquiry ; and if any delin- 
Aits had been detected, they were to be sent to England for trial under the act. But after 
'ig several months the commissioners court rose ; he ofect.j.. No informers appeared, nor 
fk they procure any evidence. 

•^ 33 



262 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — Miscellaneous. (Virginia. Committee of correspondence, 1773.) 

The affair created a great sensation. On the 12 Mar. 1773, when the Virginia house of Bur- 
gesses passed resolutions, appointing a "general committee of correspondence ;" it was made a 
particular instruction to them, " that they do, without delay, inform themselves particularly of 
the principles and authority, on which was constituted a court of inquiry, said to have been lately 
held in Rhode Island, with powers to transport persons accused of offences committed in Amer- 
ica, to places beyond the seas to be tried." 

No. 15. 1773. Virginia. Committee of correspondence, p. 62. 

At p. 62. note 2. mention is made of this committee ; not then being possessed of the particulars 
of the transaction, they are here transcribed from the " life of P. Henry" by Mr. Wirt. (1) 
Speaking of the house of Burgesses at that period, he observes: "This house had the merit 
of originating that powerful engine of resistance, corresponding committees between the legisla- 
tures of the different colonies. The measure was brought forward by Mr. Dabney Carr, a 
new member from the county of Louisa, in a committee of the whole house, on the 12th o(Mar. 
1773 ; aud the resolutions, as adopted, now stood upon the journals of the day in the following 
terms: 

" • Whereas the minds of his majesty's faithful subjects in this colony, have been much distur- 
bed by various rumours and reports of proceedings, tending to deprive them of their ancient, 
legal and constitutional rights : 

•• ' And whereas the affairs of this colony are frequently connected with those of Great Britain, 
as well as the neighbouring colonies, which renders a communication of sentiments necessary ; in 
ordi r, therefore, to remove the uneasiness, and to quiet the minds of the people, as well as for 
the other good purposes above mentioned ; 

" ' Be it Rksolved, That a standing committee of correspondence and inquiry be appointed, 
to consist of eleven persons, to wit: the honourable Pe\ton Randolph esquire, Robert C. Nich- 
olas, Richard Bland, Richard H. Lee, Benjamin Harrison, Edmund Pendleton, Patrick Henry, 
Dudley Digges, Dabney Carr, Archibald Cary, and Thomas Jefferson, esquires; any six of whom 
to he a committee, whose business it shall be to obtain the most early and authentick intelligence, 
of all such acts and resolutions of the British parliament, or proceedings of administration, a; may 
relate to, or affect the British colonies in America ; and to keep up and maintain a correspond- 
ence and communication with our sister colonies, respecting those important considerations ; and 
the result of such their proceedings, from time to time, to lay before this house.'" 

w ' The s;iid resolutions, being severally read a secoud time, were, upon the question severally 
put thereupon, agreed to by the house, nemine cantradicente. 

" « Resolved, That the speaker of this house do transmit to the speakers of the different as- 
semblies of the British colonies on the continent, copies of the said resplutions, and desire that 
they will lay them before their respective assemblies, and request them to appoint some per- 
son >r persons of their respective bodies, to communicate from time to time with the said com- 
mittee ' " 

In a note on this account, Mr. Wirt remarks, " The state oj Massachusetts is entitled tt 
equal honour : the measures -were so nearly coeval in the two states, as to render it impossible 
that either could have borrowed it from the other. The messengers, -who bore the propositions ■ 
from the two states, are said to have crossed each other on the way. This is Mr. Jefferson's , 
account ofit; and Mrs. Warren, in Iter very interesting history of the revolution, admits, that \ 
the measure was original on the part of Virginia. See the note to page 110, of her first volume." \ 

There is some misapprehension , on this point, as Massachusetts appointed no committee of | 
correspondence, at that time. 

The answer given by this colony to the communication from Virginia in Mar. 1773, (see p. I 
63. note 2.) Seems decisive that the merit of this measure at that time belongs wholly to Vir- ' 
giuia. 

The material error however which Mr. Wirt appears to have fallen into is, the allegation 
that the house of burgesses at that time (May, 1773) " had the merit of originating that pow- 
erful engine of resistance, corresponding committees between the legislatures of the different 
colonies." 

It appears that after the repeal of the act of 1767, (Ap. 1770) the non-importation agreements 
ceased, except in the article of " tea." That a general spirit of acquiescence in existing relations * 
■with England prevailed ; yet less so in Massachusetts than in other colonies, for obvious reasons ; 
they distrusted England and had suffered most. Therefore [Nov. 7,] in the same year that the | 
act was repealed, the assembly appointed a committee of " continental correspondence," 
In the words of Mr. Gordon 1 vol. p. 202. " They appointed a committee of correspondenc 
to communicate intelligence to the agents and others in Great Britain, and to the speakers of tf 
several assemblies through the continent, or such committees as they have appointed or may p*. 
point." y 

"Ch. just. Marshall, in his history confirms this; seep. 53 ante, after date of Nov. 6. The ?'' 

tract there is from this author; he assigns no date, but the context shows it should be J\ r ov m 

1770. This is the origin of a continental committee. iT r 

At a later date, JVov. 2. 1772. — great commotions prevailed, relatire to the new instruct *! r 

(t) Jltt.Gen. U. S. 



[1775, May] HISTORICAL NOTES, &c. Q6i 



APPENDIX— Part 1st.— Miscellaneous. {Boston. Tea, Port act. 1773.) 

given for supporting the governors, and judges of the superiour courts in the colonies, by salaries 
to be fixed and paid by the crown, from the British revenues, rendering them still more than 
ever under ministerial influence. At this crisis, which created little less disturbance than the du- 
ties of 1767 ; a great committee was appointed in Boston, whose names are given at No 13 supra t 
but this institution seems to have been intended, for operations in that colony, see p. 54. ante. 

No. 16. 1773. Boston. Tea, $c. p. 62. 

The destruction of the Tea at Boston, is stated to be " Dec. 18." 1773 on the authority of 
A'orth's administration : and History of the war in America, {British authors): Marshall, and 
Ramsay, Burk, Warren, Flolmes &c. assign no particular date to this transaction : Gordon states 
it to have been " Nov. 16." which is doubless an erroui of the press. 

The following facts relative to this transaction, are extracted from Gordon. "The speech 
of Josiah Quincy jun. Esq. (mentioned in p. 62,) was delivered by him at the Old South meeting 
house, in the afternoon ; the assemblage of persons from town and country amounting to several 
thousands; after which, about 3 o'clock, the question is put, "Will you' abide by your former 
resolution with respect to not suffering the tea to be landed i" It passes in the affirmative, nem. 
con. 

" Mr. Botch is ordered to make a protest, and procure a pass for his vessel. He waits upon 
the governor at Milton, who offers to give him a letter to the admiral for protection, which he 
\ declines, fearing in that case the rage of the people, and being in no concern about his ship, as 
that is not the object of resentment, but the tea. He intimates to the governor, that some of the 
leaders of the people wish the ship to go down and be stopped at the castle, ' for then the) will 
be rid of the affair, and may say they have done all in their power.' While Mr. Rotch is absent, 
the speakers in the meeting keep the people together, by engaging their attention till he returns, 
which is before six o'clock, when he informs the body, that upon applying to the governor for a 
pass, he received for answer, ' I cannot give you a pass consistent with the laws and my duty to 
my king, unless the vessel is properly qualified from the custom-house.' — Upon this there is a 
great deal of disputing, when a person disguised like an Indian, gives the war-whoop in the front 
gallery, where there are few if any besides himself. Upon this signal it is moved and voted, that 
the meeting be immediately dissolved. — The people crowd out, and run in numbers to Ciriffin's 
wharf. At the same instant a number of persons, chiefly masters of vessels and ship-builders from 
the north end of the town, about seventeen, though judged to be many more as they run along, 
cross Fort Hill, dressed as Indians, and repair to the tea ships; and in about two hours hoist 
out of them and break open 342 chests of tea, and discharge their contents into the salt water. 
They are not in the least molested. The multitude of spectators upon and about the wharf, 
serve as a covering party. The whole business is conducted with little tumult, and no damage 
done to the vessels or any other property ; when finished, the people return quietly to their own 
towns and habitations." 

In a late account I have seen, under the title of " Reminiscences " at Boston ; Jona. Williams 
is said to have been the " moderator " at old south meeting, and that not le§s than 60 persons 
were employed in the act of destroying the tea. This discrepancy of dates, and contradictions in 
matters of fact, are circumstances scarcely worth notice in any place. They are mentioned here 
merely as a proof of the difficulty there is in obtaining, even at this recent stage from their origin, 
correct information of many occurrences. 

Down to the period of revolutionary events in the colonies, there seems to be no essential defect 
in the chronology of our history ; but since then, there is a lamentable inattention to this by many 
of our anualists. 

No. 17. 1774. Boston Port act, $c. Virginia proceedings, p. 91. 

The distinguished part taken by this colony in opposition to the first revenue, or « sugar act," 
of 1764, the Stamp act in 1765, and the subsequent act of 1767, called the glass act, .Vc. until its 
repeal \n 1770, has been shown in the body of these notes, and in preceding numbers of this 

From the last period [1770,] until the passage of the " Boston port act," Mar. 31, 1774, I have 
takennofurther'noticeof revolutionary transactions in Virginia, than will be seen supra, No. 16. 
"dative to the appointment in 1773, of a grand "committed of continental correspondence. 
I The destruction of the tea, and consequent proceedings of the British parliament, immediately 
pon receiving intelligence of it in the spring of 1774, opened another of the most important 
fcenes which had yet occurred, for displaying the patriotism and energies of this great and lead- 
ig provincial government. ■ .■; , " • ' 

AThe question now was, whether Massachusetts should be left to her fate ; or the other colonies, 
7\o had hitherto maintained the same great principles of constitutional liberty, m hie! bad brought 
d\ province to the brink of subjection and ruin, would now stand forth, and make he r case "a 
thknon cause," and oppose their united councils, strength and courage, for the preservation of 

M 



264 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — JVEscellaneous. {Virginia proceedings, 1774.) 

the common liberties of America ; or shrink from the contest, and avail themselves of the advan- 
tages of making separate terms of accommodation, with an enraged and powerful monarchy. 

The Virginia house of burgesses was in session at Williamsburgh in May, when the Boston 
port act arrived ; and the first assembly which took it under consideration ; 

They immediately came to the following declaration : (1) 

" Tuesday, the 24fA of May, 14 Geo. III. 1774. 

This house being deeply impressed with apprehension of the great dangers (o be derived to 
British America, from the hostile iuvasion of the city of Boston, in our sister colony of Massachu- 
setts bay, whose commerce and harbour are, on the first day of June next, to be stopped by an 
armed force, deem it highly necessary : that the said first day of June next be set apart by the 
members of this house, as a day of fasting, humiliation, and prayer; devoutly to implore the Divine 
interposition, for averting the heavy calamity which threatens destruction to our civil rights, and 
the evils of civil war; to give us one heart and one mind, firmly to oppose, by ali just and propet- 
means, every injury to American rights ; and that the minds of his majesty and his parliament 
may be inspired from above with wisdom, moderation, and justice, to remove from the loyal 
people of America all cause of danger, from a continued pursuit of measures pregnant with 
their nun. 

" Ordered therefore, That the members of this house do attend in their places, at the hour of 
ten in the forenoon, on the said first day of June next, in order to proceed with the speaker and 
the mif.c to the church in this city, for the purposes aforesaid ; and that the reverend Mr. Price 
be appointed to read prayers, and to preach a sermon suitable to the occasion." 

« In consequence of this order, governor Dunmore (2) on the following day, dissolved the 
house, with this speech: 

" Mr Speaker -and gentlemen of the house of burgesses: I have in my hand a paper published 
by order of your house, conceived in such terms as reflect highly upon his majesty and the par- 
liament of Great Britain, which makes it necessary to dissolve you, and you are dissolved ac- 
cordingly" 

"The members immediately withdrew to the Raleigh tavern, where they formed themselves 
into a committee, to consider of the most expedient and necessary measures, to guard against the 
encroachments which so glaringly threatened them ; and immediately adopted the following spi- 
rited association. 

" An association, signed by &9 members of the late house of burgesses. We, his majesty's most 
dutiful and lo>al subjects, the late representatives of the good people of this colony, having been 
deprived, by the sudden interposition of the executive part of this government, from giving our 
countrymen the advice we wished to convey to them, in a legislative capacity, find ourselves under 
the hard necessity of adopting this, the only method we have left, of pointing out to our country- 
men such measures as, in our opinion, are best fitted to secure our dear rights and liberty from 
destruction, by the heavy hand of power now lifted against North America. With much grief 
■we find, that our dutiful applications to Great Britain, for the security of our just, ancient, and 
constitutional rights, have been not only disregarded, but that a determined system is formed and 
pressed, for reducing the inhabitants of British America to slavery, by subjecting them to the 
payment of taxes, imposed without the consent of the people or their representatives; and that, 
in pursuit of this system, we find an act of the British parliament lately passed, for stopping the 
harbour and commerce of the town of Boston, in our sister colony of Massachusetts bay, until 
the neople there submit to the payment of such unconstitutional taxes; and which act most vio- 
lently and arbitrarily deprives them of their property, in wharves erected by private persons, at their 
own great and proper expense ; which act is, in our opinign, a most dangerous attempt to destroy 
the constitutional liberty and rights of all Noru America. It is further our opinion, that as tea, on 
its importation into America, is charged with a duty imposed by parliament, for the purpose of 
raising a revenue, without the consent of the people, it ought not to be used by any person who 
•wishes well to the constitutional rights and liberties of British America. And whereas the India 
company have ungenerously attempted the ruin of America, by sending many ships loaded with 
tea into the colonies, thereby intending to fix a precedent in favour of arbitrary taxation, we deem 
it highly proper, and do accordingly recommend it strongly to our countrymen, not to purchase or 
use any kind of East India commodity whatsoever, except saltpetre and spices, until the grievances 
of America are redressed. We are further clearly of opinion, that an attack made on one of our 
sister colonies, to compel submission to arbitrary taxes, is an attack made on all British America, 
and threatens ruin to the rights of all, unless the united wisdom of the whole be applied. And for 
this purpose it is recommended to the committee of correspondence, that they communicate with their 
several corresponding committees, on the expediency of appointing deputies from the several co-a, 
lonies of British America, to meet in general congress, at such place, annually, as shall he though ,y 
most convenient ,■ there to deliberate on those general measures, -which the Jmited interests oj. 
America mayjrom time to time reqidre. tn 

« A tender regard for the interest of our fellow subjects, the merchants and manufacturers u-d 
Great Britain, prevents us from going further at this time ; most earnestly hoping, that the v a \v 

heir 

(1) Seep. 91, in -which this tra?isaction is shortly stated; but the date omitted. 

(2) He succeeded lord Botetourt, and arrived in 1772. 



[1775, May.] HISTORICAL NOTES, &c. 265 



APPENDIX — Part 1st. — Miscellaneous. {Virginia proceedings, 1774.) 

constitutional principle of taxing the colonies without their consent will not be persisted in, thereby 
to compel us, against our will, to avoid all commercial intercourse with Britain. Wishing them 
and our people tree and happy, we are their affectionate friends, the late representatives of Vir- 
ginia." 

« The 27th day of May, 1774." 

"To give effect to the recommendation of a congress on the part of this colony, delegates were 
shortly after elected by the several counties, to meet at the city of Williamsburgh on the first of 
August following, to consider further of the state of publick affairs, and, more particularly, to a\>- 
point deputies to the general congress, which was to be convened at Philadelphia on the 5th of 
September following. The clear, firm, and animated instructions given by the people of the se- 
veral counties to their delegates, evince the thorough knowledge of the great parliamentary ques- 
tion which now pervaded the country, and the determined spirit of the colonists to resist the claim 
of British taxation. (1) 

(1) The following are tlie instructions from the county o/hajtoveh. 

To jobs sxjie and Patrick, henry, junior, esquires. 



" You have our thanks for your patriotick, faithful, and spirited conduct, in the part you acted 
in the late assembly, as our burgesses ; and as tee are greatly alarmed at the proceedings oj the 
' British parliament respecting the town of Boston, and the province of Massachusetts bay ; and 
as we understand a meeting of delegates from all tlie counties in this colony, is appointed to be in 
i Williamsburgh on the first day of next month, to deliberate on our publick affairs, we do hereby 
i appoint you, gentlemen, our delegates ; and we do request you, then and there, to meet, consult, 
I and advise, touching such matters as are most likely to effect our deliverance, from the evils with 
j w/iich our country is threatened. 

" The importance oj those things which will offer themselves for your deliberation, is exceedingly 
great ; and when it is considered that the effect of the measures you may adopt will reach our 
] latest posterity, you will excuse us for giving you our sentiments, and pointing out some particu- 
lars, proper for that plan of conduct we wish you to observe. 

« We are freemen; we have a right to be so; and to enjoy all the privileges and immunities 
of our fellow subjects in England; and wldle we retain a just sense of that freedom, and those 
\ rights and privileges necessary for its safety and security, we shall never give vp the right of 
taxation. Let it suffice to say, once for all, we will ne er be taxeo but bj our own represi uta- 
| tives ; this is the great badge of freedom, and British America hath hitherto been distinguished by 
it; and when we see the British parliament trampling upon that right, and acting with determin- 
ed resolution to destroy it, we would wish to see the united wisdom and fortitude of America col- 
! lectedfor its defence. 

" The sphere of life in which we move, hath not afforded us lights suffcie?it to determine with 

j certainty, concerning those things from which the troubles at Boston originated Whether the 

j people there were warranted by justice, w/ien tliey destroyed the tea, we know not ; but this we 

know, that the parliament, by their proceedings, have made us and all North America parties 

in the present dispute, and deeply interested i?i the event of it ; insomuch that if our sister colony 

of Massachusetts bay is enslaved, we cannot long remain free. 

" Our minds are filed -with anxiety, when we view the friendly regards of our parent state 
turned into enmity ; and those powers of government, formerly exerted for our aid and protec- 
tion, formed into dangerous efforts for our destimction. We read our intended doom in the 
Boston port bill, in that for altering the mode of trial in criminal cases, and finally, in the bill for 
altering the form of government in the Massachusetts bay. These several acts are replete with 
injustice and oppression, and strongly expressive of the future policy of Britain towards all her 
colonies ; if a full and uncontroled operation is given to tins detestable system in its earlier 
stages, it will probably be fixed upon us forever. 

"Let it, therefore, be your great object to obtain a speedy repeal of those acts; and for this 
purpose we recommend the adoption of such measures, as may produce the hearty union of all our 
oofuntrymen and sister colonies. United we stand, divided we fall. 

. " To attain this wished-for union, we declare our readiness to sacrifice any lesser interest, 
Rising from a soil, climate, situation, or productions peculiar to us. 
" We judge it conducive to the interests of America, that a general congress of deputies from. 
I the colonies be held, in order to form a plan for guarding the claim of the colonists, and their 
(institutional rights, from future encroachment ; and for the speedy relief of our suffering breth- 
4m at Boston. For the present, we think it proper to form a general association, against the 
h\irchase of all articles of goods imported from Great Britain except negroes' cloths, salt, salt* 
h\tre, powder, lead, utensils and implements for handy craftsmen, and manufacturers, which 
in.mot be had in America ; books, paper, and the like necessaries ; andnot to purchase any goods 
donerclhindi.ze that shall be imported from Great Britain, after a certain day that may be agreed 
tfie'or that purpose, by the said general meeting of deputies at Williamsburgh, except the articles 
Air^said, or such ds shall be all$wed to be imp«rt'ed by the said meeting ,■ and that we -will encou- 



26.6 [1775, May.] HISTORICAL NOTES, &ci 



APPENDIX — Part 1st. — Miscellaneous. (Virginia convention, 1774.) 

"On theirs* of August, accordingly, the first convention of Virginia delegates assembled m 
Williarasburgh ; (1) and gave a new proof of the invincible energy by which they were actuated, 
in a series of resolutions, whereby they pledged themselves to make common cause with the 
people of Boston in every extremity; and broke off all commercial connexion with the mother 
country, until the grievances of which they complained should be redressed. By their last reso- 
lution (hey empowered their moderator, Mr. Peyton Randolph, or in case of his death, Robert C. 
Nicholas, esquire, on any future occasion that might in his opinion require it, to couvene the seve- 
ral delegates of the colony, at such time and place as he might judge proper. 

"They then appointed as deputies to congress on the part of this colony, Messrs. Peyton Ran- 
dolph, Richard H. Lee, George Washington, Patrick Henry, Richard Bland, Benjamin Harrison, 
and Edmund Pendleton, and furnished them with the following firm and spirited letter of in- 
structions : , 

"Iustkuctiohs for the deputies appointed to meet in general congress, on the part of the co- 
lony of Virginia. 

"The unhappy disputes between Great Britain and her American colonies, which began about 
the third year of the reign of his present majesty, and since continually increasing; have proceeded 
to lengths so dangerous and alarming, as to excite just apprehensions in the minds of his majesty's 
faithful subjects of the colony, that they are in danger o2 being deprived of their natural, ancient, 
constitutional, and chartered rights, have compelled them to take the same into their most serious 
consideration ; and being deprived of their usual and accustomed mode of making known their 
grievances, have appointed us their representatives, to consider what is proper to be done in this 
dangerous crisis of American affairs. It being our opinion, that the united wisdom of North Ameri- 
ca should be collected in a general congress of all the colonies, we have appointed the honourable 
Peyton Randolph; esq. Richard Henry Lee, George Washington, Patrick Henry, Richard Biand, 
Benjamin Harrison, and Edmund Pendleton, esquires, deputies to represent "this colony in the 
said congress, to be held at Philadelphia on the first Monday in September next. And that they 
may be the better informed of our sentiments touching the conduct we wish them to observe on 
this important occasion, we desire that they will express, in the first place, our faith and true alle- 
giance to his majesty king George the third, our lawful and rightful sovereign ; and that we are de- 
termined, with our lives and fortunes, to support him in the legal exercise of all his just rights and 
prerogatives. And, however misrepresented, we sincerely "approve of a constitutional connexion 
with Great Britain, and wish most ardently a return of that intercourse of affection and commercial 
connexion, that formerly united both countries ; which can only be effected by a removal of those 
causes of discontent, which have of late unhappily divided us. 

"It cannot admit of a doubt, that British subjects in America are entitled, to the same rights 
and privileges as their fellow-subjects possess in Britain ; and therefore, that the power assumed 
by the British parliament to bind America by their statutes, in all cases whatsoever, is unconsti- 
tutional, and the source of these unhappy differences. 

"The end of government would be defeated, by the British parliament exercising a power 
over the lives, the property, and the liberty of American subjects ; who are not, and from their 
local circumstances cannot, be there represented. Of this nature, we consider the several acts of 
parliament for raising a revenue in America, for extending the jurisdiction of the courts of admi- 
ralty, for seizing American subjects and transporting them to Britain, to be tried for crimes 
committed in America, and the several late oppressive acts respecting the town of Boston, and 
province of Massachusetts bay. 

(I) p. 105. 

rage the manufactures ofJlmerica by every means in our power. A regard to justice hinders us 
at this time from -withholding our exports ; nothing but the direst necessity shall induce us to 
adopt that proceeding, ivhich we shall strive to avoid as long as possible. 

"The African trade for slaves, rue consider as most dangerous to the virtue and -welfare of 
this country ,- we therefore most earnestly -wish to see it totally discouraged. 

" A steady loyalty to the kings of England has ever distinguished our country ; the present 
state of things here, as well as the many instances of it to be found in our history, leave no room 
to doubt it. God grant that we may never see the time, when that loyalty shall be found incom- 
patible with the rights of freemen. Our most ardent desire is, that we and our latest posterity 
may continue to live under the genuine, unaltered, constitution of England, and be subjects, in ' 
the true spirit of that constitution, to his majesty and his illustrious house ; and may tlie wetchef 
who affirm that we desire the contrary, feel the punishment due to falsehood and villainy. r 

" While prudence and moderation shall guitle your councils, we trust, gentlemen, thatfnP-h 
ness, resolution, and zeal, will animate you in the glorious struggle. The arm of power, which ^"JT 
now stretched forth against us, is indeed formidable ; but we do not despair. Our cause is good'iy 
andifit is served with constancy and fidelity, it cannot fail of success. We promise you our he. in. 
support, and we will heartily join in such measures as, a majority of our countrymen shall ado trd 
for securing the publick liberty. \ air 

"Resolved, That the above address be transmitted to the printers, to be published in heir 
gazettes. 

William Pollaeb, Cler 



!j (1775, May.] HISTORICAL NOTES, &c. £C7 



APPENDIX — Part 1st — ^Miscellaneous. (Virginia convention, 1774.) 

"The original constitution of the American colonies, possessing their assemblies with the sole 
right of directing their internal polity; it is absolutely destructive of the end of their institution, 
that their legislatures should be suspended, or prevented by hasty dissolutions, from exercising 
'! their legislative powers. 

" Wanting the protection of Britain, we have long acquiesced in their acts of navigation, restric- 
\ tive of our commerce, which we consider as an ample recompense for such protection ; hut as those 
acts derive their efficacy from that foundation alone, we have reason to expect they will be re- 
i strained, so as to produce the reasonable purposes of Britain, and not be injurious to us. 

"To obtain redress of these grievances, without which the people of America can neither be 

safe, free, nor happy ; they are willing to undergo the great inconvenience that will be derived to 

them, from stopping all imports whatsoever from Great Britain, after the first day of November 

next, and also to cease exporting any commodity whatsoever to the same place, after the 10th day 

| of August 1775. The earnest desire we have to make as quick and full payment as possible of 

J our debts to Great Britain, and to avoid the heavy injury that would arise to this country from an 

; earlier adoption of the non-exportation plan, after the people have already applied so much of 

j their labour to the perfecting of the present crop, by which means they have been prevented from 

! pursuing other methods of clothing and supporting their families, have rendered it necessary to 

| restrain you in this article of non-exportation ; but it is our desire that you cordially co-operate 

with our sister colonies in general congress, in such other just and proper methods as they, or the 

' majority, shall deem necessary for the accomplishment of these valuable ends. 

" The proclamation issued by general Gage, in the government of the province of the Massa- 
chusetts bay, declaring it treason for the inhabitants of that province to assemble themselves to 
consider of their grievances, and form associations for their common conduct on the occasion, and 
! requiring the civil magistrates and officers to apprehend all such persons, to be tried for their sup- 
posed offences, is the most alarming process that ever appeared in a British government ; the said 
geaeral Gage has thereby assumed and taken upon himself, powers denied by the constitution to 
! our legal sovereign ; he not having condescended to disclose by what authority he exercises such 
: extensive and unheard of powers, we are at a loss to determine whether he intends to justify him- 
| self as the representative of the king, or as the commander in chief of his majesty's forces in 
j America If he considers himself as acting in the character of his majesty's representative, we 
; would remind him that the statute, 25th Edward III, has expressed and defined all treasonable 
I offences, and that die legislature of Great Britain hath declared that no offence shall be construed 
to be treason, but such as is pointed out by that statute ; and that this was done to take out of the 
hands of tyrannical kings, and of weak and wicked ministers, that deadly weapon which construc- 
tive treason had furnished them with, and which had drawn the blood of the best and honestest 
, men in the kingdom ; and that the king of Great Britain hath no right, by his proclamation to sub- 
ject his people to imprisonment, pains, and penalties. 

! "That if the said general Gage conceives he is empowered to act in this manner, as the com- 
I niander in chief of his majesty's forces in America, this odious and illegal proclamation must be 
j considered as a plain and full declaration, that this despotick viceroy will be bound by no law, nor 
regar I the constitutional rights of his majesty's subjects, whenever they interfere with the plan 
j he" has formed for oppressing the good people of the Massachusetts bay; and therefore, that 
i the executing, or attempting "to execute, such proclamation, will justify resistance and repri- 
sal." (1) Wirt. 



No. 18. 1774. Suffolk Co. Meeting. Gen. Gage's answer, p. 110. 

At p. 110, is the address of the Suffolk County meeting to Gen. Gage, Sep. 9, 1774. on the sub- 
i ject of fortifying Boston-neck ; his a7iswer is not stated in the report of those proceedings laid be- 
! fore congress, Oct. 17. it is here inserted. The address was presented by the committee, on 
! monda^ , Sep. 12. to which he replied as follows : 

! " That he had no intention to prevent the free egress and regress of any person to and from 
1 the town of Boston ; that he would suffer none under his command to injure the person or pro- 
I perty of any of his majesty's subjects ; but that it was his duty to preserve the peace, and to pre- 
I vent surprise; and that no use would be made of the cannon, unless their hostile proceedings should 
J render it necessary ." 

No. 19. 1774. First Congress. Clmraders. $. 120. 

i fit is observed in the note, p. 120, that the " address to the people of Great-Britain," cbmmen- 
! fig at that page, was attributed to Mr. Jay. And at p. 136, that "the original composition of 

a Petition to the King" was attributed to Mr. Lee. 

din Mr. flirt's " life of Patrick Henry," it is stated, that Mr. Henry was designated by the 

JJLnoitf.ee to draw up the petition to the King ; and Mr. Lee, (Richard Henry,) charged with 

Maddress to the people of Great-Britain. 

7»/,he " address to the people of Great-Britain" is, however, ascribed by both of these authors I© 

doi< 

the t (1) See June 29th, p. 96. 



£68 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. (First Congress. Characters. 1774.) 

Mr. Jay; and the " petition to the King" is shown by Mr Wirt, to belong wholly to John Dick- 
inson, and not to Mr. Lee, as supposed by Mr. Marshall in the note, at p. 136. ante. 

The explanation on this point, is to be found at page 108 of Mv. Wirt. The author had pre- 
viously described the distinguished part taken by Mr- Lee and Mr. Henry, at the opening of the 
first congress, (Sep. 1774.) Their powers iu debate and irresistible eloquence, are finely, and no 
doubt truly represented ; but after concluding a very glowing panegyrick, on the astonishing dis-r 
play and effect, of their reasoning and oratory on the floor of congress, and which tended so much 
in the outset of their deliberations, to inspire it with fortitude aud animate all their subsequent 
resolutions; he immediately afterwards, p. 108, Sec. IV. proceeds thus: "It is due however to 
historick truth to record, that the superior powers of these great men, were manifested only in 
debate. On the floor of the house, and during the first days of the session, while general grievan- 
ces were the topick, they took the undisputed lead in the assembly, and were confessedly, primi- 
inter pares. But when called down from the heights of declamation, to that severer test, of nitel- 
lectual excellence, the details of business, they found themselves in a body of coolheaded, reflect- 
ing, and most able men, by whom they were, in their turn, completely thrown into the shade. 

" A petition to the king, an address to the people of Great-Britain, and a memorial to the people 
of British America, were agreed to be drawn. Mr. Lee, Mr. Henry and others, were appointed 
for the first; Mr. Lee, Mr. Livingston, and Mr. Jay, for the two last. The splendour of their 
debut occasioned Mr. Henry to be designated, by his committee, to draw the petition to the king, 
•with which they were charged ; and Mr. Lee was charged with the address to the people of En- 
gland. The last was first reported. On reading it, great disappointment was expressed in every 
countenance, and a dead silence ensued for sonie minutes. At length it was laid on the table, for 
perusal and consideration, till the next day : when first one member and then another arose, and 
paying some faint compliment to the composition, observed that there were still certain considera- 
tions not expressed, which should properly find a place in it. The address was therefore com- 
mitted for amendment, and one prepared by Mr. Jay, and offered by governor Livingston, was 
reported and adopted with scarcely an alteration. These facts are stated by a gentleman to whom 
they were communicated by Mr. Pendleton and Mr. Harrison, of the Virginia delegation, (ex- 
cept that Mr. Harrison erroneously ascribed the draught to governor Livingston,) and to whom 
they were afterwards confirmed by governor Livingston himself. Mr. Henry's draught of a peti- 
tion to the king was equally unsuccessful, and was committed for amendment. Mr. John Dick~ 
inson (the author of the Farmer's Letters) was added to the committee, and a new draught pre- 
pared by him was adopted. (1) 

(1) "The late governor Tyler, a warm friend of Mr. Henry's, used to relate an anecdote in 
strict accordance -with this statement .- it -was, that after Mr. Henry and Mr. Lee, had made 
their first speeches, Mr. Chase, a delegate from Maryland, -walked across the house to the seat 
of his colleague, and said to him, in an under voice — " We might as well go home : we are not 
able to legislate with these men." But that after the house came to descend to details, the same 
Mr. Chase was heard to remark, " Well, after all, I find these are but men — and in mere mat- 
ters of business, but very common men." 

Mr Wirt gives the following description of the opening of the 1st congress, Sep. 5, 1774. 
" On the fifth of September, 1774, that venerable body, the "old continental congress" of 
the United States, (towards whom every American heart will bow with pious homage, while tile 
name of liberty shall be dear in our land) met for the first time at Carpenter's Hall, in the city 
of Philadelphia. Peyton Randolph of Virginia was chosen president, and the house was organ- 
ized for business, with all the solemnities of a regular legislature. (I) 

" The most eminent men of the various colonies were now, for the first time, brought together. 
They were known to each other by fame; but t/iey were personally strangers. The meeting was 
awfully solemn. The object which had called them together was of incalculable magnitude. The 

(1) Sallust, in his second oration to C. Csesar, De Republica Ordinanda, gives a short and ani- 
mated picture of their Roman ancestors, which, with the change of a single word, (Ubertate U>v 
imptrio,) describes so happily our old continental congress, that I am sure I shall gratify the clas- 
sical reader by its insertion. 

" Itaque majores nostri, cum bellis asperimis premerentur, equis, viris, pecunia amissa, nun- 
quam defessi sunt armati de libertate certare. Non inopia cerarii, non vis hostium, non 
adversa res, ingentem eorum animum subegit. Quins quce virtute ceperant, simul cum animc 
retinerent. Atque ea, magis fortibus consiliis, quam bonis prajliis, patrata sunt. Quippe apu, 
illos, una respublica erat ,- ei consulebant s f actio contra hostes parabatur ; corpus atque ii > 
genium, patrioe, non sua quisque potentice exercitabat." — translated. — 

Thus our ancestors oppressed with all the severities ofx*ar ; destitute of Infantry, of Cavahr 
and Money ; having armed themselves in the glorious cause of udertt, contended with flh, 
ceasing fortitude : neither the want of a Treasury, nor the power of the Enemy, nor even Itjg 
versity itself, could unman their courageous hearts. Whatsoever their valour had acquired, *M- 
maintained at tlie peril of life itself. Yet their atchievments were more the reward of wise (. in 
resolute councils, than owing to fortunate or illustrious battles : the commonwealth alone, abs< ird 
ed every mind, and its safety, the end of all their deliberations. One party only existed—', air 
defenders of the republick .-" each citizen discarded all selfish designs, and employed every heir 
ulty of mind and body for /«'* country. 



! 

I 11775, May.] HISTORICAL NOTES, &c 26.9 

APPENDIX— Part 1st.— Miscellaneous. 

No. 20. Petition to the King. p. 140. 198. 1774—5. 

It is said at these pages, that the " Petition to the King was not permitted to reach the throne." 
j By this was intended, that it was refused to be received as a " petition from Co?igress through 
" their agents appointed to deliver it." , 

Petitions to the King from publick bodies, are delivered into his hands, by the petitioners or 
4heir substitute. This, where no proper objection exists, is of right, and an ansnver, favourable or 
unfavourable, equally of right : but the King may refuse to receive a petition ; and in this case he 
did refuse, but referred it to the Lords and Commons. Congress did not petition either of those 
bodies ; it was the King, in his regal capacity and as their sovereign, before whom they laid their 
grievances; Congress would not, after what the two houses of parliament had done, petition them; 
! they addressed the King und he gave no answer, but referred over their petition to him, to those 
[ very estates of the kingdom, wh.»se acts and designs were the subjects of complaint. 

It will be seen p. 139, that Congress had appointed Paid Wentworth, esq. Doctor Benj. Frank- 
fin, Wm. Bollun, Doctor Arthur Lee, Thomas Life, Edmund Burke, and Charles Garth, esqs. 
** for and in their behalf, to deliver the petition into the hands of his majesty." 

The King refused to receive it from their hands, for the reason stated by the writer of North's 
Admn p. 151 in Note. 

The agents after the ehristmas recess, viz. Jan. 26, 1775, learning that the petition was among 
other American papers before the house of commons, petitioned to be heard before the house 
a in support of it, but the house refused to receive their petition to be heard upon it, by a vote of 
! 218 to 68. p. 151, 2(1) 

Dr. Ramsay states the facts in this way, " Soon after the meeting of the new parliament, the 
proceedings of the congress reached Great-Britain. The first impression made by them was in 
favour of America. Administration seemed to be staggered, and their opposers triumphed, in. 
I the eventual truth of their prediction, that an universal confederacy to resist Great-Britain, would 
! be the consequence of the late American acts. The secretary of state, after a day's perusal, du- 
j ring which a council was held, said, that the petition of congress to the king, was a decent £>nd 
proper one. He also cheerfully undertook to present it, and afterwards reported, that his majes- 
I ty was pleased very graciously to receive it, and to promise to lay it before his two houses of par- 
liament From these favorable circumstances, the sanguine friends of America concluded, that it 
! was intended to make the petition the foundation of a change of measures ; but these hopes were 
of short duration." 

The amount of this is, that the petition was delivered unofficially by lord Dartmouth, secretary 
for the colonial department, to the King, as a private paper ; which he "promised to lay before 
parliament : he would not condescend to notice it himself, iu his legal capacity. 

(1) The account given of this transaction by Mr. Bollan, Dr. Franklin, and Arthur Lee, 
three of the agents to the 2?jd congress in their letter, Feb. 5, 1775, is as follows : ** Our last 
letter informed you, that the King had declared his intentions of laying the Petition before his 
two houses of parliament. It has accordingly been laid before each house, but undistinguished 
$imong a variety of letters and other papers from America. 

" Sis soon as we learnt that the Petition of the congress -was before the house of commons, we 
thought it our duty to support it, if toe ?night be permitted so to do, as there was no other op- 
portunity for the numerous inhabitants of the colonies to be heard, in defence of their rights ; 
accordingly we joined in a petition for that purpose. Sir George Saville kindly undertook to 
present it. But on previously opening the purport of it, as the order is, a debate arose on the 
propriety of receiving it, and on a division, it was rejected by a great majority." I Jour. Cong. p. 79. 

liberties of no less than three millions of people, with that of all their posterity, -were staked on 
the wisdom andenergy of their councils. No wonder, then, at the long and deep silence which is 
said to have followed upon their organization; at the anxiety with which the members looked 
around upon each other ; and tlie reluctance -which every individual felt to open a business so 
fearfully momentous. In the midst oft/iis deep and death-like silence, and just when it was be- 
ginning to become painfully embarrassing, Mr. Henry arose slowly, as if borne down by the 
weight of the subject. Jtfter fit-altering, according to his habit, through a most impressive exordi- 
um, in which he merely echoed back the consciousness of every other heart, in deploring his ina- 
bility to do justice to the occasion, he launched, gradually, into a recital of the colonial wrongs. 
Rising, as' he advanced, with the grandeur of his subject, and glowing at length with all the 
majesty and expectation of the occasion, his speech seemedmore than that of mortal man. Even 
those who had heard him in all /lis glory, in the house of burgesses of Virginia, were astonished 
at the manner in which his talents seemed to swell and expand themselves, to fill the vast the- 
atre in which he was now placed- There was no rant — no rhapsody — no labour of the understan- 
ding — no straining of t/ie voice — no confusion of the utterance. His countenance was erect-— 
his eye steady — his action noble — his enunciation clear andfirm — his mind poised on its centre— 
his views of his subject comprehensive and great — and his imagination, corruscating with a mag- 
nificence and a variety, which struck even, that assembly with amazement and awe. He sat 
down amidst murmurs of astonishment und applause ; and as he had been before proclaimed 
tlie greatest orator of Virginia, he was now, 071 every Imnd, admitted to be the first of ator of 
America." 

34 



ifro [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. {Petition\to the King, 177&—5. &c.) 

The fact was, that when it first arrived in Dec. the cabinet were not resolved on their mea- 
sures; the proceedings in congress had staggered ministers: the petition was therefore treated 
respectfully in a private way, to avoid offence and leave room for its becoming a basis of peaee. 
But as soon as parliament met again after the holydays, [Jan. 20] and there appeared a perfect 
disposition in that body and the nation, to proceed to extremities ; tire petition was not called up 
in the house of commons ; and the application of the agents to be Heard in support of it, was con- 
temptuously rejected, on the ground that "it would be giving to that illegal body (Congress,) some 
degree of countenance." 

No. 21. 1775, Mai*. Protest of Lords to 1st fishery bill. p. 3 61. 

At p. 161, it is mentioned, that a Protest was signed in the house of Lords against the first 
.restraining, (or Fishery) bill; it is drawn up with great force : among other severe strictures on the 
bill, the protesting Lords observe, "that it is one of those unhappy inventions, to which parliament 
is driven by the difficulties that daily multiply upon them, from an obstinate adheiance to an un- 
wise system of government. They say, " that government which attempts to preserve its authority 
by destroying the trade of its subjects, and by involving the innocent and guilty in a common ruin, 
$f it acts from a choice of such means, confesses itself unworthy ; if from inability to find any other, 
■admits itself wholly incompetent to the end of its institution." They severely censure the attempt 
made to bribe the nation into an acquiescence in this arbitrary act, by holding out to them, as a 
temptation for that purpose, the spoils of the New-England fishery ; this they represent " to be a 
scheme full of weakness and indecency; of indecency, because it may be suspected that the de- 
sire of the confiscation has created the guilt ; and of weakness, because it supposes, that whatever 
is taken from the colonies, is of course to be transferred to ourselves." 

No. 22. Virginia Proceedings, Mar. 20, 1775. 

After the rising of the first congress, Oct. 26, 1774, and in the interval between that, and May 
10, 1775, proposed for a meeting of the 2nd congress, if American grievances should not be re- 
dressed, the several colonies (Georgia excepted,) proceeded to make their appointments for the 
2nd congress ; some earlier and some later, as will appear in the subsequent notes. 

The Virginia convention, which chose the delegates to the first congress, were not summoned 
again until Mar. 20, 1775, when they met a second time in the city of Richmond, to appoint del- 
egates to the ensuing congress, and take under consideration what else might be expedient. 

At this meeting, it was unknown what would be the issue of things in Great-Britain. Even ru- 
mours of the grand penal bills against the fisheries, and trade of the colonies, brought into parlia- 
ment in Feb. and other hostile measures, then preparing to burst upon the colonies, had not been 
heard on this side of the Atlantick. Sanguine opinions, at least consoling hopes, were yet enter- 
tained in America, that the event would be happy, and the first spring ships bear the pleasing 
tidings, that the petition of the preceding congress, and the prayers of all America had prevailed. 

It was two days after this convention met that Mr. Burke, not yet hopeless of peace, made his 
motion in the house of commons for " reconciliation" supported by a speech which has no paral- 
lel perhaps, in any single effort of the human mind, on a similar occasion. {Seep. 1 62.) 

Gen. Gage and his forces in Boston, were quiet in their quarters, not a drop of blood had yet 
heen shed, during this long and agitated period of civil discontents on either side, on the points in 
Controversy. 

Yet these propitious circumstances, and the hopes of peace, founded on the great continental 
ijpEAi, which had been made to the King, the Parliament, and the people of England in October ; 
did not for a moment lull the vigilance, or relax the efforts of the patriots and people of that day. 
They had made up their minds to " stand by the first congress" and on the ground then taken, 
and every hour after it rose, was employed in preparation for the worst that might happen, from 
the folly or vengeance of the British nation. 

The proceedings of Virginia at this period, and under these circumstances, will exhibit the 
temper and determination of the whole people : in every colony similar sentiments prevailed, and 
like preparations for the sad appeal to arms were going forward. 

I have therefore given at large, what was done in the convention of Richmond at this time, as 
affording not only a correct vie\y of the spirit and virtue of Virginia, but as a fair example of what 
was acting in almost every quarter of the thirteen colonies. 

I have taken the liberty to extract the proceedings of the convention, from Mr. Wirt's Me of 
Patrick Henry : the author's enthusiasm for the highly gifted object of his panegyrick, and the 
incidents which he connects with the account, will certainly not diminish the gratification of the 
reader, and it would be unjust to garble what he has thought proper to record. It is the last ex- 
hibition which I shall make of any local declarations and proceedings, relative to legal or political 
questions between England and America; the predictions and warnings of Mr. Henry were soon 
realized, the battle of Lexington took place within a month after this convention met, and 
wms alone, became from that day, the only arguments and arbiter between the colonies and the 
parent country. 



[1775, May.} HISTORICAL NOTES, &c 271 

APPENDIX— Part 1st. — Miscellaneous. (2<i Virginia Convention.) 

Second Virginia Convention. March 20, 1775. 

" On Monday the 20th of March, 1775, the convention of delegates from the several counties 
~ind corporations of Virginia, met for the second time. This assembly was held in the old church 
in the town of Richmond. Mr. Henry was a member of that body also. The reader will bear 
in mind the tone of the instructions given by the convention of the preceding year to their depu- 
ties in congress. He will remember, that, while they recite with great feeling the series of grie- 
vances under which the colonies had laboured, and insist with firmness on their constitutional rights; 
they give, nevertheless, the most explicit and solemn pledge of their faith and true allegiance to 
his majesty king George the III, and avow their determination to support him with their lives and 
fortunes, in the legal exercise of all his just rights and prerogatives. He will remember, that 
these instructions contain also, an expression of their sincere approbation of a connexion with 
Great-Britain, and of their ardent wishes for a return of that friendly intercourse, from which 
this country had derived so much prosperity and happiness. These sentiments still influenced 
many of the leading members of the convention of 1775. They could not part with the fond hope, 
that those peaceful days would again return, which had shed so much light and warmth over the 
land ; and the report of the king's gracious reception of the petition from congress, tended to cher- 
ish and foster that hope, and to render them averse to any measure of violence. But Mr. Henry 
saw things with a steadier eye and a deeper insight. His judgment was too solid to be duped by 
appearances ; and his heart too firm and' manly to be amused by false and flattering hopes. He 
had long since read the true character of the British court; and saw that no alternative remained 
for his country, but abject submission or heroick resistance. It was not for a soul like Henry's to 
hesitate between these courses. He had offered upon the altar of liberty no divided heart. The 
gulf of war which yawned before him, was indeed fiery and fearful ; but he saw that the awful 
plunge was inevitable. The body of the convention however hesitated. They cast around "a long- 
ing lingering look" on those flowery fields, on which peace, and ease, and joy, were still sporting; 
and it required all tbe energies of a Mentor like Henry to push them from the precipice, and con- 
duct them over the stormy sea of the revolution, to liberty and glory. 

" The convention being formed and organized for business, proceeded, in the first place, to ex- 
press their unqualified approbation of the measures of eongress, and to declare that they consider- 
ed « this whole continent as under the highest obligations to that respectable body, for the wisdom 
of their councils, and their unremitted endeavours to maintain and preserve inviolate, the just rights, 
and liberties of his majesty's dutiful and loyal subjects in America.' 

" They next resolve, that ' the warmest thanks of the convention, and of all the inhabitants of 
this colony, were due, and that this just tribute of applause be presented to the worthy delegates^ 
deputed by a former convention, to represent this colony in general congress, for their cheerful 
undertaking and faithful discharge, of the very important trust reposed in them.' 

" The morning of the 23d March was opened, by reading a petition and memorial from the as« 
sembly of Jamaica to the king's most excellent majesty : whereupon it was * Resolved, that the 
unfeigned thanks and most grateful acknowledgments of the convention, be presented to that very 
respectable assembly, for the exceeding generous and affectionate part they have so nobly taken, 
in the unhappy contest between Great-Britain and her colonies ; and for their truly patriotick en- 
deavours, to fix the just claims of the colonists upon the most permanent constitutional principles : 
that the assembly be assured, that it is the most ardent wish of this colony (and they were per- 
suaded of the whole continent of North America) to see a speedy return of those halcyon days, 
when we lived a free and happy people.' 

" These proceedings were not adapted to the taste of Mr. Henry ; on the contrary, they were 
* gall and wormwood' to him : the house required to be wrought up to a bolder tone.' He rose 
therefore, and moved the following manly resolutions i 

"Resolved, That a well regulated militia, composed of gentlemen and yeomen, is the natu- 
ral strength and only security of a free government : that such a militia in this colony, would 
forever render it unnecessary jor the mother country to keep among us, for the purpose of our 
'defence, any standing army of mercenary soldiers, always subversive of the quiet, and danger- 
ous to the liberties of the people; and woidd obviate the pretext of taxing us for their support 

" That the establishment of such a militia, is at this time peculiarly necessary, by the state of 
our laws, for the protection and defence of the country, some of which are already expired, and 
others will shortly be so ; and that the known remissness of government in calling us together in 
a legislative capacity, renders it too insecure, in this time of danger and distress to rely, that op* 
portunity will be given of renewing them in general assembly, or making any provision to secure 
our inestimable rights and liberties, from those further violations with which they are threatened. 

" Resolved therefore, That this colony be immediately put into a state of defence, and that 
.— be a committee to prepare a plan for embodying, arming, and disciplining such a num- 

ber of men, as may be sufficient for that purpose.' 

" The alarm which such a proposition must have given to those, who had contemplated no re« 
sistance of a character more serious than petition, non-importation, and passive fortitude*; and 
who still hung with supplient tenderness on the skirts of Britain, will be readily conceived by the 
reflecting reader. The shock was painful — It was almost general. The resolutions were oppo- 
sed as not only rash in policy, but as harsh and well nigh impious in point of feeling. Some of 
the warmest patriots of the convention opposed them — Richard Bland, Benjamin Harrison, and 
Edmund Pcndftetom whp had so lately drunk of the fountain of patriotism in the continental con." 



2n [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— 'Miscellaneous. (2 J Virginia Convention^ 1775.) 

gress, and Robert C. Nicholas, one of the best as well as ablest men and patriots in the suae, resist 
ted them with all their influence and abilities. 

" They urged the late gracious reception of the congressional petition by the throne. (1) They 
insisted that national comity, and much more filial respect, demanded the exercise of a more 
dignified patience. That the sympathies of the parent country were now on our side. That the 
friends of American liberty in parliament were still with us, and had, as yet, had no cause to 
blush for our indiscretion. That the manufacturing interests of Great Britain, already smarting 
under the effects of our non-importation, co-operated powerfully towards our relief. That the 
sovereign himself had relented, and showed that he looked upon our sufferings wi}h an eye of pity. 
* Was this a moment,' they asked, 'to disgust our friends, to extinguish ail the conspiring sym- 
pathies which were working in our favour, to turn their friendship into hatred, their pity into re- 
Venge ? And what was there, they asked, in the situation of the colony, to tempt us to this \ 
Were we a great military people ? Were we ready for war ? Where were our stores — where 
were our arms— where our soldiers — where our generals— where our money, the sinews of war I 
They were no where to be found. In truth, we were poor — we were naked — we were defence- 
less. And yet we talk of assuming the front of war ! Of assuming it, too, against a nation, one of 
the most formidable in the world ! A nation ready and armed at all points ! Her navies riding tri- 
umphant in every sea; her armies never marching but to certain victory ! What was to be the 
issue of the struggle we were called upon to court ? What could be the issue, in the comparative 
circumstances ot the two countries, but to yield up this country an easy prey to Great Britain, 
and to convert the illegitimate right which the British parliament now claimed, into a firm and 
indubitable right, by conquest? The measure might be brave ; but it was the bravery of madmen. 
It had no pretension to the character of prudence; and as little to the grace of genuine courage. 
It would be time enough to resort to measures of despair, when every well founded hope had 
entirely vanished.' 

" To this strong view of the subject, supported as it was by the stubborn fact of the well known 
helpless condition of the colonies, the opponents of those resolutions, superadded every topiek of 
persuasion which belonged to the cause. 

"The strength and lustre which we derived from our connexion with Great-Britain — -the do- 
ruestick comforts which we had drawn from the same source, and whose value we were now able 
to estimate by their loss — that ray of reconciliation which was dawning upon us from the east, and 
which promised so fair and happy a day :— with this they contrasted the clouds and storms, which 
the measure now proposed was so well calculated to raise — and in which we should not have even 
the poor consolation of being pitied by the world, since we should have so needlessly and rashly 
di'awn them upon ourselves.' 

" These arguments and topicks of persuasion were so well justified by the appearance of things, 
and were moreover, so entirely in unison with that love of ease and quiet which is natural to man; 
and that disposition to hope for happier times, even under the most forbidding circumstances; 
that an ordinary man, in Mr. Henry's situation, would have been glad to compound with the dis- 
pleasure of the house, by being permitted to withdraw his resolutions in silence. 

" Not so, Mr. Henry. His was a spirit fitted to raise the whirlwind, as well as to ride in and 
direct it. His was that comprehensive view, that unerring prescience, that perfect command over 
the actions of men, which qualified him not merely to guide, but almost to create the destinies 
Of nations. 

« He rose at this time, with a majesty unusual to him in an exordium, and with all that self-pos- 
Session by which he was so invariably distinguished. ' No man ,' he said, 'thought more highly 
than he did of the patriotism, as well as abilities, of the very worthy gentlemen who had just ad- 
dressed the house. But different men often saw the same subjects in different lights ; and there- 
fore, he hoped it would not be thought disrespectful to those gentlemen, if, entertaining as he 
did, opinions of a character very opposite to theirs, he should speak forth his sentiments freely, and 
without reserve. This," he said, " was no time for ceremony. The question before the house 
was one of awful moment to this country. For his own part, he considered it as nothing less than 
a question of freedom or slavery — and in proportion to the magnitude of the subject, ous;htto be 
the freedom of the debate. It was only in this way, that they could hope to arrive at truth, and 
fulfil the great responsibility which they held to God and their country. Should he keep back 
lis opinions at such a time, through fear of giving offence, he should consider himself as guilty of 
treason towards his country, and of an act of disloyalty toward the Majesty of Heaven, which he 
revered above all earthly kings. 

" Mr. President,' said he, ' it is natural to man to indulge in the illusions of hope. We are 
apt to shut our eyes against a painful truth— and listen to the song of that syren, till she transforms 
us into beasts. Is this,' he asked, ' the part of wise men, engaged in a great and arduous strug- 
gle for liberty ? Were we disposed to be of the number of those, who having eyes, see not, and 
having ears, hear not, the things which so nearly concern their temporal salvation ? For his part, 
whatever anguish of spirit it might cost, he was willing to know the whole truth; to know the 
worst, and to provide for it. 

" He had,' he said, ' but one lamp by which his feet were guided ; and that was the lamp of 
experience. He knew of no way of judging the future but by the past. And judging by the past, 
he wished to know what there had been in the conduct of the British ministry for the last tep 

'(I) Tliis ivas a ntisfctfc. 



{1775, May.] HISTORICAL NOTES, &c. 27S 



APPENDIX— Part 1st— Miscellaneous. (2d Virginia Convention, 17/5.) 

years to justify those hopes, with which gentlemen had been pleased to solace themselves aud 
the house ? Is it that insidious smile with which our petition has been lately received ? Trust it 
not, sir ; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask 
yourselves how this gracious reception of our petition comports, with those warlike preparations 
which cover our waters and darken our land. Are fleets and armies necessary to a work of love 
and reconciliation ? Have we shown ourselves so unwilling to be reconciled, that force must be 
called in to win back our love ? Let us not deceive ourselves, sir. These are the implements of 
war and subjugation — the last arguments to which kings resort. 1 ask gentlemen, sir, what means 
this martial array,(l) if its purpose be not to force us to submission : Can gentlemen assign any oth- 
er possible motive for it ? Has Great-Britain any enemy in this quarter of the world, to call for all 
this accumulation of navies and armies ? No, sir, she lias none. They are meant for us : they 
can be meant for no other. They are sent over to bind and rivet upon us those chains, which the 
British ministry have been so long" forging. And what have we to oppose to themf Shall we try- 
argument? Sir, we have been trying that for the last ten years. Have we any thing new to offer 
upon the subject ? Nothing. We have held the subject up in every light of which it is capable; 
but it has been all in vain. Shall we resort to entreaty and humble supplication ? What terms 
shall we find, which have not been already exhausted ? Let us uot, I beseech you, sir, deceive 
ourselves longer. Sir, we have done every thing that could be done, to avert the storm which 
is now coming on. We have petitioned — we have remonstrated— we have supplicated — we have 
prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical 
hands of the parliament. Our petitions have been slighted; our remonstrances have produced 
additional violence and insult ; our supplications have been disregarded; and we have been spur- 
ned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the 
food hope of peace aud reconciliation. Tliere is no longer any room for hope. If we wish to be 
free — if we mean to preserve inviolate those inestimable privileges for which we have beeu so long 
contending — if we mean not basely to abandon the noble struggle in which we have been so long 
engaged, and which we have pledged ourselves never to abandon, until the glorious object of our 
contest shall be obtained — we must fight ! — I repeat it, sir, we must fight ! ! An appeal to arms and 
to the God of Hosts, is all that is left us ! (2) 

" They tell us, sir,' continued Mr. Henry, « that we are weak — unable to cope with so for- 
midable an adversary. But when shall we be stronger ? Will it be the next week, or the next 
year ? Will it be when we are totally disarmed, and when a British guard shall be stationed in 
every house ? Shall we gather strength by irresolution and inaction ? Shall we acquire the means 
of effectual resistance by lying supinely on our backs, and hugging the delusive phantom of hope, 
until our enemies shall have bound us haud and foot? Sir, we are not weak, if we make a proper 
use of those means which the God of nature hath placed in our power. Three millions of people, 
armed in the holy cause of liberty, and in such a country as that which we possess, are invincible 
by any force which our enemy can send against us. Besides, sir, we shall not fight our battles 
alone. There is a just God who presides over the destinies of nations; and who will raise up 
mends to fight our battles for us. The battle, sir, is not to the strong alone ; it is to the vigilant, 
the active, the brave. Besides, sir, we have no election. If we were base enough to desire it, it 
is now too late to retire from the contest. There is no retreat, but in submission and slavery ! 
Our chains are forged — their clanking may be heard on the plains of Boston ! The war is inev- 
itable — and let it come ! ! I repeat it, sir, let it come ! ! ! 

" It is in vain, sir, to extenuate the matter. Gentlemen may cry, peace, peace — but there is 
no peace. The war is actually begun ! The next gale that sweeps from the north, will bring to 
our ears the clash of resounding arms ! Our brethren are already in the field ! Why stand we 
here idle ? What is it that gentlemen wish ? What would they have ? Is life so dear, or peace so 
sweet, as to be purchased at the price of chains and slavery ? Forbid it, Almighty God ! — I know 
not what course others may take; but as for me,' cried he, with both his arms extended aloft, 
his brows knit, every feature marked with the resolute purpose of his soul, and his voice swelled 
to its boldest note of exclamation — 'give me liberty, or give me death! 

" He took his seat. No murmur of applause was heard — The effect was too deep. After the 
trance of a moment, several members started from their seats. The cry, ' to arms,' seemed to 
quiver on every lip, and gleam from every eye ! Richard H. Lee arose and supported Mr. Henry, 
with his usual spirit and elegance. But his melody was lost amidst the agitations of that ocean, 
which the master spirit of the storm had lifted up on high. That supernatural voice still sounded 
In their ears, and shivered along their arteries. They heard, in every pause, the cry of liberty or 
death — they became impatient of speech — their souls were on fire for action. 

«' The resolutions were adopted ; and Patrick Henry, Richard H. Lee, Robert C. Nicholas, 
1 Benjamin Harrison, Lemuel Riddick, George Washington, Adam Stevens, Andrew Lewis, 

(1) Army at Boston. 

(•2) "Imagine to yourself,' says my correspondent, {Judge Tucker,) * this sentence de'ivered 
| with alltlie calm dignity of Cato of Ulica— imagine to yourself the Roman Senate, assembled 
; in the capitol, when it was entered by the profane Gauls, who, at first, were awed Inj their pres- 
ence, as if they bad entered an assembly of the gods ! — imagine that you heard that Cato addres- 
sing such a senate — imagine that you saw the hatid-writing on the wall of Belshnzzars palace — 
magine you heard a voice as from Iteaver. uttering the ivords, ' We must fight !' as the doom of 
! fate— and you may have some idea of : 7 s aattmSlg to -xhom he addressed himself, 

aud the auditory, of which I wti» one.'' 



274 1.1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part UL—JIiscellcmeous. (2d Virginia Convention, 1775.) 

William Christian, Edmund Pendleton, Thomas Jefferson, and Isaac Zane, esquires, were ap- 
pointed a eommittee to prepare the plan called for by the last resolution. 

" The constitution of this committee proves, that in those days of genuine patriotism, there ex- 
isted a mutual and noble confidence, which deemed the opponents of a measure no less worthy 
than its friends, to assist in its execution. A correspondent, (1) who bore himself a most distin- 
guished part in our revolution, in speaking of the gentlemen whom I have just named as having 
opposed Mr. Henry's resolutions, and of Mr. Wythe who acted with them, says — ' These were 
honest and able men, who had begun the opposition on the same grounds, but with a moderation 
more adapted to their age and experience. Subsequent events favoured the bolder spirits, of 
Henry, the Lees, Pages, Mason, Sec. with whom I went in all points. Sensible, however, of the 
importance of unanimity among our constituents, although we often wished to have gone on faster, 
we slackened our pace, that our less ardent colleagues might keep up with us ; and they on their 
part, differing nothing from us in principle, quickened their gait somewhat beyond that which their 
prudence might, of itself, have advised, and thus consolidated the phalanx which breasted the 
power of Britain. By this harmony of the bold with the cautious, we advanced, with our consti- 
tuents, in undivided mass, and with fewer examples of separation, than perhaps existed in any 
other part of the union.' 

" The plan for embodying, arming, and disciplining the militia, proposed by the committee, 
which has just been mentioned, was received and adopted, and is in the following terms : 

"The committee propose that it be strongly recommended to the colony, diligently to put m 
execution the militia law passed in the year 1738, entitled, c Jin act for the better regulating of 
the militia,' -which has become in force by the expiration of all subsequent militia laws. 

" The committee are further of opinion, that as, from the expiration of the above-mentioned 
laws, and various other causes, the legal and necessary disciplining the militia has been much 
neglected, and a proper provision of arms and ammunition has not been made, to the evident 
danger of the community, in case of invasion or insurrection ,• that it be recommended to the 
inhabitants of the several counties of this colony, that they form one or more volunteer compa- 
nies of infantry and troops of horse in each county, and to be in constant training and readiness 
to act on any emergency. 

" That it be recommended particularly to the counties of Brunswick, Dinwiddle, Chesterfield, 
Henrico, Hanover, Spotsylvania, King George, and Stafford, and to all counties below these ; 
that, out of such their volunteers, they form, each of them, one or more troops of horse ; and to 
all the counties above these it is recommended, that they pay a more partiadar attention to the 
forming a good infantry. 

" That each company of infantry consist of sixty-eight, rank and fie, to be commanded by one 
captain, two lieutenants, one ensign, four sergeants, and four corporals ; and that they have a 
drummer, and be furnished with a drum and colours ; that every man be provided with a good 
rife, if to be had, or otherwise with a common firelock, bayonet, and cartouch-box, and also with 
a tomahawk, one pound of gunpowder , and four pounds of ball at least, fitted to the bore of his 
gun ; that he be clothed in a hunting shirt, by way of uniform ,- and that he use all endeavour, as 
soon as possible, to become acquainted with the military exercise for infantry, appointed to be used 
by his majesty in the year 1764. 

" That each troop of horse consist of thirty, exclusive of officers; that every horsema?i be pro- 
vided with a good horse, bridle, saddle, with pistols and holsters, a carbine, or other short fire- 
lock, with a bucket, a cutting sword, or tomahawk, one pound of gunpowder, and four pounds of 
ball, at the least ,- and use the utmost diligence in training and accustoming his horse to stand tlie 
discharge of fire-arms, and in making himself acquainted with the military exercise for cavalry. 

" That, in order to make a further and more ample provision of ammunition, it be recommend- 
ed to the committees of the several counties, that they collect from their constituents, in such 
manner as shall be most agreeable to them, so much money as will be sufficient to purchase half a 
pound of gunpowder, one pound of lead, necessary fiints and cartridge-paper , for every titheable 
person in their comity ; that they immediately take effectual measures, for the procuring such 
gunpowder, lead, fiints, and cartridge-paper, and dispose thereof, when procured, in tuch place 
or places of safety as they may thi?ik best ; and it is earnestly recommended to each individual, to 
pay such proportion of the money necessary for these purposes, as by the respective committees 
shall be judged requisite. 

" That as it may happen that some counties, from their situation, may not be apprised of the 
most certain and speedy method of procuring the articles before mentioned, one general commi: 
tee should be appointed, whose business it should be to procure for such counties as may make 
application to them, such articles, and so much thereoj, as the ?nonies wherewith they shall furnish 
the said committee will purchase, after deducting the charges of transportation, and other neces- 
saiy expenses.'", 

"The convention having adopted a plan for the encouragement of arts and manufactures m 
this colony, and re-appointed their former deputies to the continental congress, with the substitu- 
tion of Mr. Jefferson for Mr. Peyton Randolph, in case of the non-attendance of the latter; (2) 

(1) Mr. Jefferson. (-2) " He was speaker of the house of burgesses, a call of which wds e..-, 
jiected, and did accordingly take place. 



tl7?5, May. j HISTORICAL NOTES, &c. 275 



APPENDIX— Part 1st.— Miscellaneous. {Peace of Paris, 1763.) 

and having also provided for a re-election of delegates to the next convention, came to an ad- 
journment. 

It is curious to read, in the fie of papers from -which the foregoing proceedings are extract* 
ed, and immediately following them, this proclamation of his excellency lord Duhmore.- — 

" Whereas, certain persons, styling themselves delegates of several of his majesty's colonies in 
America, have presumed, without his majesty's authority or consent, to assemble together at Phi- 
ladelphia, in the months of September and October last, and have thought fit among other un- 
warrantable proceedings to resolve, that it will be necessary that another congress should be lield 
at the same place on the 10th of May next, unless redress of certain pretended grievances be 
obtained before that time; and to recommend that all the colonies of North America should choose 
deputies to attend such congress : 1 am commanded by the king, and I do accordingly issue this my 
proclamation, to require all magistrates and other officers, to use their utmost endeavours to pre- 
vent any such appointment oj deputies, and to exhort all persons -whatever -within tliis goveritr 
ment to desist from such an unjustifiable proceeding, so highly displeasing to his majesty? 

** This proclamation was published -while the convention was in session, and was obviously de- 
signed to have an effect on their proceedings. It passed by them, however, ' as tlie idle wind 
which they regarded not.' The age of proclamations was gone, and the glory of regal governors 
pretty neariy extinguished for ever. 

" It ought not to be omitted, however, tliat this very convention passed resolutions complimen- 
tary to lord Dunmore, and t/ie troops which he had commanded in an expedition of the preceding 
year against the Indians : a compliment which, as we shall see, was afterwards found to be un- 
merited. As the resolution in regard to lord Dunmore does honour to the candour of the conven- 
tion, and shows also how little personality there was in the contest, I take leave to subjoin it. 

"Resolved, unanimously, That the most cordial thanks of the people of this colony, are a 
tribute justly due to our worthy governor, lord Dunmore, for his truly noble, wise, and spirited 
conduct, on the late expedition against our Indian enemy — a conduct which at once evinces his 
excellency's attention to the true interests of this colony,' and a zeal in the executive department 
which no dangers can divert, or difficulties hinder, from achieving the most important services, 
to the people who have the happiness to live under his administration." 

" Lord Dunmore was not a man of popular manners ; he had nothing of the mildness, the 
purity , the benevolence, and suavity of his predecessor. On the contrary, he is represented as 
haviner been rude and offensive ; coarse in his figure, Ids countenance, and his manners. Yet 
he received from tlie house oj burgesses the most marked respect. Thus, in I77i, while t/ie 
liberties of the colonies were bleeding at every pore, and while the house was smarting severely, 
under the recent news of the occlusion of the port of Boston, they paid to lady Dunmore, who had 
just arrived at Williamsburg, the most cordial arid elegant attentions; congratulated his lordship 
on this increase to his domestick felicity, and even after their abrupt dissolution, complimented 
the inhabitants of the palace with a splendid ball and entertainment, in honour of the arrival of 
the countess Dunmore and her family.'" Wirt. 

Peace of Paris, Feb. 10, 1763. 

This peace is so often alluded to in the historical notes of the revolution, that some explanation 
seems proper to enable reailers not particularly conversant with the subject, to understand the 
territorial claims of the several powers, at the breaking out of the war in America in 1754, (1) 
between England and France, and the changes it produced in their North American possessions, 
at the period of 1763. 

The pretensions of France, Spain, and England, may be summarily stated as follows: 

France on the north, claimed in 1754, and possessed by right, of prior discovery and first set- 
tlement, (made in 1540, by James Cartier, at a place near to the present scite of Quebec,) alt 
that country which now constitutes upper and lower Canada, as designated on the common 
maps; beside which, she then held the island of Cape Breton, and other islands in the river and 
gulpb of St. Lawrence, (New Foundland excepted, which then belonged to G. Britain.) 

These territories had been erected into a province called Vevy France, or Canada, at the head 
of which was a governor, appointed by the king. 

To the south on the gulph of Mexico, (or sea) France claimed another immense region, which 

had also been erected into a government by Louis the 14th, called the province of Louisiana: 

; this claim was founded on the discovery of the river Mississippi, by M. de la Salle in 1683, who 

took possession of all the countries watered by that river, and its tributary streams, and named it 

Louisiana, in honour of the king: In 1712, Lords, then in the 70th year of his reign, granted a 

commercial monopoly of this province to the Sieur Crozat, in which patent he describes the 

extent of Louisiana thus, ? Bounded by New Mexico, and by the lands of the English of Caroli- 

; ?ifl,(2) all the establishments, ports, havens, rivers, and principally the port and haven of tlie Isle 

! JDauphine, (3) heretofore caded Massacre; the riser of St Lewis, heretofore called Mississippi, 

(1) Seep.l*. (-2^ Georgia s>as then included in Carolina. (3) Nevt Orleans. 



276 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— Miscellaneous. {Peace of Paris, 17G3.) 

from the edge oj the sea, as far as the Illinois, together with the river of St, Philip, heretofore 
called the Missourys ; and of St. Jerome, heretofore called Ouabache, with all the countries, ter- 
ritories, lakes, within land, and the rivers which fall directly or indirectly into that part of the 
liver of St. Lewis." 

New Orleans was early founded, and other settlements, as Natches, Sec. further up the river : 
this province (taking the rivers which flow into the Mississippi as describing it,) embraced ail that 
immense country, east of the Mississippi, laying on the whole rear of the British colonies, be- 
tween the west side of the Appalachian, (or Alleghany mountains,) (1) and the Great Lakes, 
and her claim extended on the west, to the extreme heads of the Missouri ; and every other river 
thich falls into the Mississippi on that side, with the whole expanse of country through which 



% 



^his vast territory, east and west of the Mississippi, they bounded to tiie south on the gulph of 
Mexico, by the whole longitude between the river Perdido, (now in West Florida,) to the bay of 
St. Bernard, (2) (now within the Spanish province of Texas,) claiming also, the country on the 
rivers falling into the gulph, on this vast front, of near 1000 miles. 

ft will be perceived, the eastern bounds of Louisiana under this description, included the whole 
country -.vest of the Alleghany mountains, comprising part of the state of New York, and more 
than half of Pennsylvania, Virginia, North and South Carolina, and Georgia. 

Spain claimed Florida,'m right of discovery, by Juan Ponce de Leon in 1512, who took pos- 
session of it for Spain, in lat. 30d. Srn. N. on Palm or Easter Sunday, on which account he named 
it "Florida." 

The Spaniards in 1754, when the war broke out between France and England, included under 
the denomination of the province of Florida, all that is now generally known by the names of 
East and West Florida, lying between the Atlantick, the gulph of Mexico, and the Mississippi; 
and extending to about the 31st degree of N. lat. ; although France claimed that part which lies 
west of the river Perdido, as within Louisiana. 

Great Britain in virtue of prior discovery, conquest,, and settlement of her colonies on the sea 
coast, claimed the country between the Great Lakes and the west side of the Alleghany moun- 
tains, to the northern bounds of Florida, and -westward in its whole width, to the Pacifck 
Ocean. 

This was the country in dispute with France; for as to the settled provinces along the sea coast, 
from Nova Scotia to the southern bounds of Georgia, and to the east side of the Alleghany 
mountains, in their whole extent through the 13 colonies, Great Britain had an undisputed right, 
and actual possession. 

It was this immense unsettled country, west of the mountains, and watered by all the streams' 
■which unite with the Mississippi, on both sides, and bounded in front by several hundred leagues 
on the sea, or gulph of Mexico, which was the prize contended for betweeu Louis the 15th and 
George the 2d, and his grandson George the 3d. 

This general description, not critically accurate, but enough so for my purpose, (and obvious 
by reference to any modern map) will present an outline, of the controverted regions : It was the 
great and long cherished purpose of France, to unite by a chain of forts, these two extensive co- 
lonies of Canada and Louisiana, according to her boundaries of them, and thus reduce the English 
to a strip of country on the sea coast, extending no further back, than to the eastern side of the 
Alleghany ridge. 

The war begun as has been stated, in 1754, in consequence of a grant made by the crown of 
England in 1749, to the Ohio company, (English and Americans,) of 600,000 acres in the disputed 
territory, lying west of the Alleghany on the river Ohio, and within the then provincial bounds 
of Virginia. This company attempting to make settlements under the grant, were warned to 
desisi b> the Governor of Canada: (who was also governor of Louisiana.) The company however 
persevered. 

The French, to protect the country and drive out the settlers, established military posts at 
Presque Isle on Lake Erie, and upon the Ohio and Alleghany rivers and their branches, for the 
declared purpose of expelling the English and Americans by force, and actually proceeded to 
attack and destroy several settlements : the issue had been forseen by both countries, and the En- 
glish ministry despatched orders to the governors of the colonies, to drive the French from their 
usurpations and fortified posts, on the Ohio and other places, and every whereto oppose force to 
force. 

In consequence of these orders, a detachment marched from Virginia in 1754, for the purpose of 
dislodging the French from Fort Duqitesne, now Pittsburgh. (3) 

(1) The Alleghany, or Allegany, or Appalachian Moinitains, range through the U. S. 900' 
miles in length, and from 50 to 200 in breadth, extending from near the mouth of the St. Lav- 
rence to the confines of Georgia. They run nearly parallel to the sea shore, at the distance of 
from 50 to 150 miles from it, and divide the rivers and streams of -water, -winch flow into tlie 
Atlantick- on the E.frota those which fio-w into the lakes and the Mississippi on the IV. These 
mountains are not confusedly scattered and broken, bu tretch along in uniform ridges, for the 
most part scarcely half a mile /ugh. The several ridge, tre known by different names." 

(2) At least, but on that side their claim -was yet mo, exieiisive. (3) The first battle in 
this tremendous contest, -was fought by " Washixgto.v," at tlie age of 22. See p. 12. — JVar 
however was notpublickly declared by England against France, until May 17, 1756. 



[1775, Ma) .1 HISTORICAL NOTES, &c. 37: 



APPENDIX— Part 1st.— Miscellaneous. {Peace of Pans, 17G3.) 

Thus begun a 9 years war in America, concluded by the peace ot Paris in Feb. 1763. — The re- 
sult of which was, that France lost all, or nearly all, the disputed country, beside the whole of 
Canada, which was not in controversy ; and Spain, who foolishly entered into the war in 1761, on. 
the side of France, lost Florida, and all her possessions east of the Mississippi. 

" The following contains the substance of the treaty of 1763, so far as it respects North America. 
and those 3 powers. 

Extracts from the definitive treaty of friendship and peace, between his Britanick majesty, the 
most Christian king, and the king of Spain, concluded at Paris, the 10th of February, 1763. 

"ArtA. His most Christian majesty (1) renounces all pretentions which he has heretofore 
formed, or might form, to Nova Scotia or Acadia in all its parts, and guarantees the whole of it, 
and with all its dependencies, to the king of Great Britain: moreover, his most Christian majesty 
cedes and guarantees to his said Britauic'k majesty, in full right, Canada, with all its dependencies, 
as well a.s the island of Cape Breton, and all the other islands and coasts in the gulf and river of 
St Lawrence ; and, in general, every thing that depends on the said countries, lands, islands, and 
coasts ; with the sovereignty* property, possession, and all rights acquired by treaty or otherwise, 
which the niost Christian king and the crown of France have had, till now, over the said countries, 
islands, lands, places, coasts, and their inhabitants ; so that the most Christian king cedes and 
makes over the whole to the said king, and to the crown of Great Britain, and that in the most 
ample manner and form, without restriction, and without any liberty to depart from the said 
•ession aud guarantee under any pretence, or to disturb Great Britain in the possessions above- 
mentioned " 

"Art. 7. In order to establish peace on solid and durable foundations, and to remove forever 
all subjects of dispute with regard to the limits of the British and French territories on the con- 
tinent of America, it is agreed that for the future, the confines between the dominions of his 
Britanick majesty and those of his most Christian majesty in that part of the world, shall be fixed 
irre\ocaoly by a line, drawn along the middle of the river Mississippi, from its source to the river 
Iberville, and from thence by a line drawn along the middle of this river, and the lakes Maurepasand 
Ponichartrain,tothesea; and for this purpose the most Christian king cedes, in full right, and guar- 
antees to his Britanick majesty, the river and port of the Mobile, and every thing which he possesses 
or ought to possess on the left side of the river Mississippi, with the exception of the town of New 
Orleans, and of the island in which it is situated, which shall remain to France; it being well un- 
derstood, that the navigation of the river Mississippi shall be equally free, as well to the subjects of 
Great Britain as to those of France, in its whole breadth and length from its source to the sea; 
and expressly , that part which is between the said island of New Orleans, and the right bank of 
thai river, as well as the passage both in and out of its mouth. It is further stipulated, that the 
vessels belonging to the subjects of either nation shall not be stopped, visited, or subjected to the 
payment of any duty whatsoever. 

"Art. 20. In consequence of the restitution stipulated in the preceding article,(2) his Catholick' 
majesty (Charles 3d) cedes and guarantees, in full right, to his Britanick raajest), Florida, with 
Fort St. Augustin, and the Bay of Pensacola, as well as all that Spain possesses on the continent of 
North America, to the east or to the south-east of the river Mississippi; and in general every 
thing that depends on the said countries and lands, with the sovereignty, property, possession, and 
all rights acquired by treaties or otherwise, which the Catholick king and the crown of Spain have 
had, till now, over the said countries, lands, places, and their inhabitants; so that the Catholick 
king cedes and makes over thi whole, to the said king and to the crown of Great Britain, and that 
:u the most ample manner and form." (3) Land laws. 

(1) Louis 15. (2) The i9th art. for the restitution of Cuba to Spain. (3) The folio-wing i& 
a short summary of the treaty, as respects those three powers, in regard to possessions in Eu- 
rope, Asia, North America, and the West Indies. 

" By those articles it was stipulated, ' That France shall cede to Great Britain, Canada in its 

tttmost extent, with the islands of St. John, Cape Breton. &c. and all that part of Louisiana, 

I which lies on this side of the Mississippi, except the town of ■ Yew Orleans and its territory : 

' That the French shall be permitted to fish on the banks of Newfoundland, under certmin limita- 

j tions ; and that the islands of St. Pierre and Miquelon, shall be ceded to them for the benefit of 

i their fishery, but without the liberty of erecting forts on those islands: That Spain shall ' relin- 

j quishher claim to fish on the banks of Newfoundland; permit the English logwood-cutters to 

'■ build houses in the bay of Honduras, for tlie convenient-;/ oftfieir trade ,- evacuate whatever placet 

i she may have taken belonging to Portugal ; and cede Florida to Great Britain, in consi'lera- 

{ tion of having the Havanna, and all that part of the island of Cuba, conquered by the British 

I arms, restored to lier : That the island of . Minorca shall be restored to Great Britain, avd the 

\ islands of Martinico, Guadeloupe, Goree, and Belleisle to France : That France shall cede to 

! Great Britain the forts and factories she has lost on the river Senegal, the island of frranada 

! and the Grenadines, and give up all claim to the neutral islands of St. Vincent, Dominica, and 

Tobago'' But St. Lucia, the most valuable of the neutral islands, was delivered in full right to 

France, and the French East India con iw were put in the same situation as after the peace 

of ' Aix-Ia-Chapel/e, by the restitution of vulicherry and other places, with the single exception 

of erecting no forts in tlie province of Ben il. In return for so many indulgences, France agreed 

to destroy the harbour, aud demolish the fortifications of Dunkirk." 5. Mod. Europe. 

35 



2/8 [1775, May.} HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— J\Lscellaneous. (Navigation acts,— Laws of Trade.) 

The amount of the whole as to Louisiana and Florida was, that Great Britain acquired all the 
right of both those powers east of the Mississippi, except New Orleans, and the Island on which it 
is situated, which France retained with the rest of Louisiaua, on the west of the river. 

I add here, a short view of the subsequent changes, and transfers, which respect Florida and 
Louisiana, to the present time. 

[ Oct. 1763-3 The king of Great Britain by proclamation, with the advice of his privy council, 
divided the whole of the ceded country east of the Mississippi, into two governments, denomina- 
ting that part next the Mississippi, and extending eastwardly to the river Catahouche, (or Apala- 
chicola) West, and the residue, East Florida. 

[Ap. 1764-3 In the following year, France delivered over New Orleans, and the rest of Louisi- 
ana west of the Mississippi, to Spain, agreeably to a secret treaty which had been made between 
them at Fontainbleau, Nov. 3, 1762. 

[Jan. 1783.] Great Britain ceded to Spain the Floridas, after having possessed them 20 years. 
Thus Spain in 1783, held both Louisiana and the Floridas. 

[Oct. 1, 1800.] By a treaty made at St. lldejonso — Spain retroeeded the province of Louisi- 
ana to the i-epublick of France, in the same extent it then had in the hands of Spain, and as it had 
when France possessed it. (1) 

[Ap. 30, 1803 ] (2) The First Consul of the French republick, (Bonaparte,) in the name of the 
French people, ceded Louisiana to the U. S. — as fully as acquired from Spain ; thus Louisiana in- 
cluding New Orleans, became vested in the U. S. 

[Feb. L 22, 1819.] By a treaty made at Washington, (ratified on the part of Spain, Oct. 24th, 1820,) 
Ferdinand the 7th ceded to the U. S. "all the territories of Spain, eastward of the Mississippi, 
"known by the name of East and West Florida, the Islands, &c." — This treaty also fixes the 
boundaries between Louisiana and Spain, ou the west side of the Mississippi, beginning at the 
river Sabine in the gulf of Mexico. 

The foregoing sketch is intended for the eursory reader, to enable him without recurrence to 
any other documents, but a general map, to perceive the vast stake fought for, in the war of 1756, 
and the fatal termination of it, to all the interests of France and Spain ; as also to exhibit how 
Louisiana and the Floridas, have since been acquired by the U. S. 

No. 24. Navigation acts — Laws of Trade. 

In the colonial history of England, the laws of navigation and trade are. adverted to in almost 
every page. 

The following is a short account of the fundamental laws, called M the acts of navigation," as they 
affected the colonies. 

It is not within my design, nor have I the information necessary, to famish a more detailed 
view : from the parent stock, sprung up a vast number of other acts, ail having in view, the en- 
couragement of British navigation, commerce, and manufactures, (and consequently revenue,') by 
the monopoly of the colonial trade. 

As early as the time of the usurpation, (1648,) Cromwell and the heads of the commonwealth 
parliament, had the sagacity to discover the importance of monopolizing the trade of their colo- 
nies, on the continent of North America, and the West Indies. 

"They perceived that those subjects, who, from various motives, had taken refuge in America, 
would be lost to the parent state, if the ships of foreign powers were not excluded 'from the ports 
of the plantations. The discussion of that important point, with other political considerations, 
brought on the famous navigation act, [Dec. 1, 1651.] which prohibits all foreign ships, unless 
under some particular exceptions, from entering the harbours of the English colonies, and obliges 
their principal produce, to be exported directly to the countries under the dominion of England. 

" Before this regulation, the colonists used to send their produce withersoever they thought it 
could be disposed of to most advantage, and indiscriminately admitted into their harbours, ships of 
all nations. In consequence of that unlimited freedom, the greater part of their trade fell into the 
hands of the Dutch; who, by reason of the low interest of money in Holland, and the reasonable- 
ness of tbiir port duties, could afford to buy at the dearest, and sell at the cheapest rate; and who 
seized upon the profits of a variety of productions, which they had neither planted nor gathered. 
The navigation act remedied this evil ; and the English parliament, though aware of the inconve- 
niences of such a regulation to the colonies, were not alarmed at its probable effects. They con- 
sidered the empire only as a tree, whose sap must be returned to the trunk, when it flows too 
tree' to some of the branches. 

" . all those settlements England thenceforth exported, without a rival, her various manufac- 
ture From her islands in the West Iudies they passed to die Spanish main, whence large sums 
■were returned in exchange ; and as it was long before her North American colonies began to think 
of niT'irTactming for themselves, the export thither was very great. 

" Spain continued to receive annually immense sums from the mines of Mexico and Peru. 
Contiguous settlements and new governments were daily formed, and the demand for European 
gooes was excessive. But as the decline of their manufactures obliged the Spaniards to depend 
upon foreigners for the supply of that demand, their wealth became the common property of 

(1) viz, At the peace of 1753. (2) Ratified 21 Oct. 1803. 



[1775, May.] HISTORICAL NOTES, &c. 279 



APPENDIX— Part 1st.— Miscellaneous. (Navigation acts,-— Laws of Trade.) 

j Kurope. The industrious manufacturer of every country had his share ; and the conquerors of 
the New World found themselves dwindle into the factors of England and Holland." Mod. Europe. 
The effect of this system, hoth to increase the navigation, as well as the commerce and manufac- 
j Cures of England, was from the earliest periods considerable ; but the progressive advantages, by 
i the extended population, agriculture, and fisheries of the colonies, became the sources of her vast 
i superiority over all nations in these respects. (1) 

Cromwell's policy during the 18 years of the commonwealth, was followed up at the restoration 
1 of Charles the 2d in May 1666. " No sooner was he seated on the throne of his ancestors, than 
i the parliament voted a duty ofjft'e per centum on all merchandizes exported from, or imported 
I into, any of the dominions belonging to the English crown ; (2) and in the course of the same ses- 
sion, was passed the celebrated navigation act, by which it was enacted " that no merchandize should 
i be imported into the plantations belonging to his majesty in Asia, Africa and America, or exported 
j from them but in English vessels navigated by Englishmen ;"a description which was admitted to 
include all the subjects of the English crown. It was also enact«l, that no sugar, tobacco, ginger, 
j indigo, cotton, fustick or other dying woods, of the growth of the English territories in America, 
I Asia, or Africa, should be transported thence to any other country, than those belonging to the 
crown of England. The specified articles were termed ' enumerated commodities,' and when 
any new article of export became afterwards important; as the rice of Carolina, the molasses of 
I the West Indies, and the copper ore of the northern colonies, such article was added to the list, 
;| and subjected to the same regulations. (5) The colonists remained at liberty under the common 
j law, which gives freedom of commerce to all the subjects of England, to export to any part of the 
I world all objects of trade other than the * enumerated commodities.' The difficulty of carr) Lug this 
i system into execution among a distant people, accustomed to the advantages of a free trade, was 
1 foreseen ; and therefore, the law directed that the governors of the several plantations should take 
an oath, before entering into office, faithfully to observe it. 

" As some compensation to the colonies for the commercial restraints thus imposed by the le- 
gislature ; it was also enacted during the same session, that no tobacco should be planted or made 
in England or Ireland, Guernsey or Jersey. These prohibitions, affecting the respective parts of 
the empire, confined the trade of the colonies to England, and conferred on them exclusively the 
production of tobacco." Marshall. 

It will be seen that this act completely cut off all foreign vessels, either from bringing produc- 
tions or merchandize into the colonies, or taking any thing from them; and so far deprived them 
of any beneficial intercourse with other countries. 

Still the colonies might trade with any foreign country, in English or American built ships, 
navigated by English or American seamen. But this was of but little advantage, as the ac< in its 
enumerating clause, prevented them from sending, (except to England only and its possessions,) 
those productions, with which they could pa\ for such things as they might have got cheaper, or 
better, or more suited to their wants, than could be obtained in Great Britain or her possession!) : 
beside other nations immediately followed the English example, and in retaliation, excluded trade 
with their colonies, in foreign bottoms. But in 1663, the parliament proceeded to complete their 
system of confining the trade of the colonies to the mother country : it was then enacted " that no 
commodity of the growth or manufacture of Europe, shall be imported into (he settlements of 
England in Asia, Africa, or America, but such as shall be shipped in England, and proceed di- 
rectly on board English ships, navigated by English. Out of this general rule were excepted, salt 
for the fisheries, wine from Madeira and the Azores; and servants, horses, and victuals, (4) from 
Scotland and Ireland. 

" To counterbalance these restrictions, duties were imposed on salt and dried fish caught or 
imported by other vessels than those of the subjects of the crown, and additional regulations were 
made for enforcing the prohibition of the culture of tobacco in England. 

" These commercial restrictions were the never failing source of discontent and controversy, 
between the mother country and her colonies. They had been accustomed in their infancy to a 
free commerce, and its advantages were surrendered with the more reluctance, because England 
was not then a mart in which every commodity could be vended, and every want supplied. In 
the southern colonies, where similar restraints had been enforced by Cromwell, they were execu- 

(1) In fact, its operation has extended far beyond the primary intent of colonial monopoly : 
great nations in every part of the world, have been and are tributanes to it, and mne* remain 
so, until virtue or poverty rescues them from the degradation, of being the sourcerfrom which 
England draws that immense wealth, which sustai?is her population, her armies, n-ivies, church, 
and empire ; namely — " her manufactures." 

(2) This impost of 5 per cent on exports and imports, (as well as the dutie* oftonnug , were 
laid as early as Jam. 1, (1606,) from t lie infancy of the colonies; and gave rise to t. 'first 
custom house establishment, and court of admiralty in the colonies. 

(3) Other subsequent acts, added to' the enumerated articles, coffee, pepper, cocoa nuts, whale 
fins, raw silks, or silks, hides, pot or pearl ashes, iron, or lumber, ..«*c/i was the vast monopoly ! 
'The U. S. may now indeed export these articles if they have thev, to other ?iations who vail admit 

andwant them, yet the returns by our policy of importing fireign manufacture*, still go to En- 
gland and other European states, to our impoverishment and dependence 

(4) Tbus, above half a century after the commencement of colonization, under Jam, 1. horses 
and victuals were imported from Europe. 



280 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX — Part 1st. — .Miscellaneous. (Navigation acts — Leans of track.) 

ted very imperfectly ; and, in New England, where the governors were elected by the people, 
they appear to have been, for a considerable time, entirely disregarded." Marshall. 

The first act left them a trade with foreign parts, provided it was carried on in British or* 
American bottoms, aud in non-enumerated articles : But the 2d act of Car. 2. declared, that the 
colonies snoulu not import any commodity or manufacture of Europe, but such as was shipped in. \ 
England, and proceeded directly to the colony ; with some few exceptions : so that the valuable 
export productions ot the colonies was confined to England, and they were obliged, not only to 
take English productions at English ports in return, but were compelled to procure the products 
and merchandize of other nations, at second hand from Great Britain, charged of course, with all 
the expenses of double voyages aud profits. 

This system of monopoly, both in the export and import trade of the colonies, which compelled 
them to send almost every "commodity to, and buy every thing from England, was followed up, by 
various other acts and provisions. 

As for instance, at a later period the colonies were allowed to export certain of the enumerated 
articles, to foreign places other than England, but in that case, an export duty or custom was to 
be paid to . the English exchequer : thus in 1 672 it was enacted, " That if any vessel which bj law ii 
may trade in the plantations, shall take on board any enumerated commodities, and a bond shall If 
not have been given with sufficient security to unlade them in England, there shall be rendered to 
bis majesty, for sugars, tobacco, ginger, coeoanut, indigo, logwood, fastick, and cotton wool, the se- 
veral duties mentioned in the law, to be paid in such places in the plantations, aud to such officers 
as shall be appointed to collect the same : and for their better collection, it is enacted, that the 
■whole business shall be managed, and the imposts be levied by officers appointed by the commis- 
sioners of the customs in England.' This is the first act that imposed customs on the colonies 
alone, to be regularly collected by colonial revenue officers. But the best affected colonies, 
Barbadoes, Virginia and Maryland, considering the laws of trade either as inconsistent with their 
privileges, or destructive of their infant commerce, hesitated to obey, or eluded the provisions of 
the laws,- and trafficked without restraint, wherever hope of gain directed their navigators, 
Charles II. reprimanded them, and his successors gave standing instructions upon this head, but 
without effect at that period." Gord 

Some idea may be formed, of the vast profit which accrued to the English ship owner, mer- 
chant, and exchequer, by the monopoly of the tobacco trade only, so early as the middle of the 
last century ; in the years 1744, 5 and 6, there was exported to England from the American colo- 
nies 40 millions lbs. of tobacco annualh ; 33 millions of which was re-exported to other countries, 
and paid a duty of fid per lb. sterling on the export : Scotland exported 7 millions, paying the like 
duty ; the amount of duties alone paid annually into the exchequer being a million of pounds sterling; 
beside all the mercantile profits, on the import, and exchange of English manufactures, in addition 
to which, it was re-exported by the same English monopolists, to every part of the continent of 
Europe, where it was bought up with the greatest avidity, and at prices which would now astonish 
as; the articles or commodities received in exchange, were imported into Great Britain, and 
actually exchanged for nev> importations of tobacco trom America; the tobacco trade aloue, <dso 
employed 25 thousand tons of British shipping in those years. 

In 1696, "King William erected a new aud standing council for commerce and plantations, 
commonly styled, The Lords Commissioners for Trade and Plantations. With this board, the 
governors of the American colonies were obliged to hold a constant correspondence, for the im- 
provement of their respective governments; and to this board they transmitted the journals of 
their councils and assemblies, the accounts of the collectors of customs and naval officers, and 
similar articles of official intelligence. 

" An act was also passed, for preventing frauds and regulating abuses in the Plantation 
Trade. It enacted, "that all ships, trading to or from our Asian, African, or American 
plantations or settlements, shall be English, Irish, or plantation built ; and that their cargoes shall 
he either English, Irish, or plantation property, registered as such.' The same act,"in consi- 

deration, that the English North American colonies had of late become of much greater conse- 
quence than formerly, further enacted, 'that no charter proprietor of lands on the continent of 
America, shall sell or otherwise dispose of then- lands to any but natural born subjects, without <he 
kn^'s license in council for that purpose.' To keep the proprietary governments in America the 
mort under due subjection to the crown and kingdom of England, it also enacted, • that all govern- 
ors nominated by such proprietors, shall be allowed and approved of by the crown, and shall take 
the like oa-Jis as are taken by the governors of the regal colonies, before they shall enter on their 
respective governments.' By another clause in the same statute it was enacted, 4 that on no pre- 
tence whatevei >a ny kind of goods from the English American plantations shall hereafter be put on 
shore, either in tie kingdoms of Ireland or Scotland ; without being first landed in England, and 
having also paid the duties there, under forfeiture of ship and cargo.' The parliament also 
passed vi act, declaring that all by-laws, usuages, and customs, which shall be in practice in any 
of the plantations, repug Ban t to any law made in the kingdom relative to the said plantations, shall 
be void and of no effect. 

" From A. D. 1673, when the former standing eouncil of commerce was dropped, until this time, 
all disputes and regulations, relative to commerce and colonies, were usually referred to commit- 
tees of the privy council. This new board consisted of a first lord commissioner, who was usually 
a peer of the realm, and seven other commissioners, with a yearly salary of 10001. each." Holmes. 
What has been said will give some idea ot the principle upon which these acts went, and 
the prodigious advantages Englishmen derived from them ; aud with what little reason, and equal 



I 11775, May.] HISTORICAL NOTES, &c. 281 



APPENDIX— Part 1st.— Miscellaneous. (Boston. Tea, Port act.1773.) 

disregard of policy, she also insisted upon building up after the peace of 1763, a system of direct tax- 
ation upon the colonies, for the express purpose of a distinct American revenue : doubtless, import 
duties subsisted from the earliest periods : but they were light, were not imposed but at the ports, 
and were not collected as taxes. 

The acts of trade previous to the 6 Geo. 2. 1733, (which last, is the leading one to American taxa- 
tion, although classed among those of regulation) are the following, 12 Car. 2. c. 18. — 15 Car. 2. 
c. 7.-22, 23 Car. 2. c. 26.-25 Car. 2 c. 7.-7, 8 IV. 3. c. 22.— 11 IV. 3. c. 12.— 3, 4, Jinn. c. 5, 10. 
—6 Ann. c. 30, 37.-8 Ann. c. 13.— 9 Ann. c. 17, 27.— 10 Ann. c. 22, 26.-4 Geo. 1. c. 11.— 
8 Geo. 1. c. 12, 15.— 13 Geo. 2. c. 5.-3 Geo. 2. c. 12, 28. — 4 Geo. 2. e. 15.— 5 Geo. 2. c. 7, 9.— 
and many others, after 1733. For further particulars on the laws of trade, see 4 Bac. Ab. by 
Wilson, p. 597,— and letter N. p. 741. 

Mote. — It is proper here to set right a very incorrect expression at p- 52. That the colonists, 
"could not build a sJrip, Sec " This must be taken figuratively : the effect of the navigation laws 
was to throw almost the whole of the carrying trade into the hands of British ship owners, as well 
as a great proportion of the profits of trade into the hands of British shippers, manufacturers, 
and the English exchequer, to the loss af the labouring planter and consumer, in the colonies. 

No. 25. Privy Council— Cabinet Council <$*c. — Ministers Sfc. 

Constant references are made, in the history of colonial transactions in civil and political affairs, 
to certain jurisdictions and officers in Great Britain. It would be difficult for persons wholly un- 
acquainted with the powers and stations of the parties so often mentioned, to comprehend some 
parts of the provincial and revolutionary history, as sketched in these notes. 

Any elucidation of this kind I am aware, must be superfluous to most of those, who look into the 
subject on this side of the Atlantick: there are doubtless however, some persons to whom a brief 
explanation, though of matters in general understood, may be acceptable, and even useful. 

In the history of the Times, acts and things done in the " Privy Council" iu the "Cabinet" 
and by " ministers" &c. in Great Britain, are referred to in almost every page. The following 
may be sufficient to render these allusions intelligible. 

1. The " Privy Council" exercises various executive and judicial powers, under the British 
constitution: it is a great Council of State and Judicature; in which the King himself attends 
at his pleasure ; or when he is not present, the matters debated, or agreed to there, are reported 
to him by the Lord President for his determination. It is always held in some one of his palaces,(l) 
when duly summoned by his command, or on certain days appointed for the transaction of partic- 
ular business. All Ecclesiastical, Civil, Military and Naval appointments and promotions; Titles and 
honours in the King's creation, are made and published as dove by the King in his "Privy Coun- 
cil." Before this body, the King, or his ministers, cause to be laid all proposed crown grants, 
patents, charters, jurisdictions, ordinances, proclamations &c. and generally all questions relative 
to affairs of state, foreign, domestick, or personal, or relative to war or peace, and comprehended 
within the vast Executive powers and prerogatives of the King, and on which it is proper to ad- 
vise his majesty : his own judgment, after debate or report of the opinion of council, decides the 
question. The " Council" is but an advisory body ; yet in point of tact, his opinion is generally 
directed by the advice of the Council, or the major part of it. And there is scarcely any act of 
the executive government, which either the king or his ministers do not lay before the Privy 
Council. 

The " Loud President of the Council," who is a high commissioned officer under the King, 
presides, (even when the Kiug is present) and constantly attends the King at other times, to re- 
port the proceedings of Council on questions debated there, when the King is not present, or choo- 
ses to have a report of the case; which is commonly done in all judicial matters, and in questions 
relating to civil rights &c. 

The "Lord Privy Seax," or keeper of the King's seal, (as contra-distinguished from, the Great 
Seal) sits next to him; the first Lord of the Treasury ; Chancellor of the Exchequer; the Secre- 
taries of State ; Attorney and Soliciter General; the lord Chancellor ; the Arch Bishop of Can- 
terbury ; Prince of Wales kc. are invariably on the list of this council, with other distinguished 
Peers, Commoners, private Gentlemen, and military and civil Officers. On all questions the 
names, pro and con, are inserted in the minutes, and every proceeding entered at large on the 
minutes. In debates when the King is present, he declares his judgment last; and " tliereby the 
matter of debate is determined ;" — see 4 Inst 52. — a very curious account of this ancient and great 
council of State, and which by lord Coke is denominated the " Council Board," or " Table." 

Sir Wm. Blackstone in his 1. vol. p. 237, gives the following history of it ; viz. 

" But the principal Council belonging to the King, is his • Privy Council,' which is generally 
called, by way of eminence the council. And this, according to sir Edward Coke's description of 
it, is a noble, honourable, and reverend assembly of the king, and such as he wills to be of his pri- 
vy council, in the king's court or palace. The king's will is the sole constituent of a privy coun- 
sellor : and this also regulates their number, which of ancient times was twelve or thereabouts. 
Afterwards it increased to so large a number, that it was found inconvenient for secrecy and des- 
patch ; and therefore king Charles the second in 1679 limited it to thirty: whereof fifteen were 

(1) St. James's i Kensington; Wlute-haRj & Westminster Hall 



282 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st.— Miscellaneous. Privy Council— Ministers, &c.) 

Jo be the principal officers of slate, and those to be counsellors, virtute officii; and the other fif- 
teen were composed of ten lords and five commoners of the king's choosing. But since that time 
the number has been much augmented, and now continues indefinite. At the same time also, the an- 
cient omce of lord president of the council was revived in the person of Anthony earl of Shaftsbu- 
ry ; an officer, that by the statute of 31 Hen. VIII. c. 10. has precedence next after the lord chan- 
cellor and lord treasurer. 

" Privy counsellors are made by the king's nomination, without either patent or grant ; and on 
faking the necessary oaths, they become immediately privy counsellors during the life of the king 
that chooses them, but subject to removal at his discretion. 

_ " As to the qualifications of members to sit at this board ; any natural born subject of England 
is capable of being a member of the privy council : taking the proper oaths for the security of the 
government, and the test for security of the church. But, in order to prevent any persons under 
foreign attachments from insinuating themselves into this important trust, as happened in the 
reign of king William in many instances, it is enacted by the act of settlement, that no person 
born out of the dominions of the crown of England, unless born of English parents, even though 
naturalized by parliament, shall be capable of being of the privy council. 

" The duty of a privy counsellor appears from the oath of office, which consists of seven ar- 
ticles : 1. lo advise the king according to the best of his cunning and discretion. 2. To advise 
lor the king s honour and good of the publick, without partiality through affection, love, meed, 
doubt, or dread, o. To keep the king's council secret. 4 To avoid corruption. 5. To help and 
strengthen the execution of what shall be there resolved. 6. To withstand all persons who would 
attempt the contrary. And lastly, in general, 7. To observe, keep and do all that a good and 
true counsellor ought to do to his sovereign lord. 

« The power of the privy council is, to inquire into all offences against the government, and to 
commit the offenders to safe custody, in order to take their trial in some of the courts of law. But 
their jurisdiction herein is only to inquire, and not to punish : and the persons committed by them 
are entitled to their habeas corpus by statute 16 Car. I, c. 10, as much as if committed by an or- 
dinary justice of the peace : and, by the same statute, the court of starchamber, and the court of 
requests, both of which consisted of privy counsellors, were dissolved, and it was declared illegal 
lor theni to take cognizance of any matter of property, belonging to the subjects of this kingdom. 
But, in plantation or admiralty causes, which arise out of the jurisdiction of this kingdom ; and in 
matters of lunacy or idiocy, being a special flower of the prerogative; with regard to these, al- 
though they may eventually involve questions of extensive property, the privy council continues 
to have cognizance, being the court of appeal in such cases ; or, rather the appeal lies to the kind's 
majesty himself in council. Whenever also a question arises between two provinces in America 
or elsewhere as concerning the extent of their charters and the like, the king in his council exer- 
cises original jurisdiction therein, upon the principles offeodal sovereignty. And so likewise 
when any person claims an island or a province, in the nature of a feoda'l principality, by grant 
irom the king or his ancestors, the determination of that right belongs to his majesty in council : 
as was the case of the Earl of Derby with regard to the isle of Man, in the reign of queen Elizabeth; 
fhM e nH a i^ V 1 " Sa ? ? nd ,° the ^ as representatives of the duke of Montague, with relation to 
the .sland of St. Vincent in 1764. But from all the dominions of the crown, excepting Great Brit- 
ain and Ireland, an appellate jurisdiction (in the last resort) is vested in the same tribunal; which 
usually exercises Us judicial authority in a committee of the whole privy council, who hear the al- 
SygivTn P ' thdr reP01t t0 hiS W* in C0Uncil > b J" Wh0m the J^gment is 

"The dissolution of _the privy council depends upon the king's pleasure; and he may, whenever 
he thinks proper, discharge any particular member, or the whole' of it, and appoint another St 
the common law also, it was dissolved ipso facto by the king's demise ; as deriving all it's authority 
from him. But now, to prevent the inconveniencies of having no council in beinf, at the accession 
of a new prince, it is enacted by statute 6 Ann. c. 7. that the privy council "shall continue for ' 
six months after the demise of the crown, unless sooner determined by the successor." 
II. The " Cabinet Council" of ministers. 

+„ Tf?e a C ff*f ,? 0U !t C 3" com P'-el>ends certain great executive officers of state, usually and 
technical styled the < King's Minister." These are considered as the immediate ad v,- 
heldre tt Sft' ^ ?' aUlhoi \ s <* ail & reat P°K«cal measures. They are therefore Jersol ally 
held responsible to parl.amen and the nation, for the fitness and consequences of all these publick 
measures, fore.gn or domest.ck ; whether relating to War, Treaties, Justice, Finance, Trace &c 
which proceed from the king or themselves ' 

^J^-SSX^i Cabbet '" ° r aS ^ are ~ * denominated "Ministers" 

The SSLllor °f S 6 J REASURT - The Loro Preset of the king's pritt 

1 he CHANCELLOR of the ExCHEaUEB. COUNCIL. 

The Secretary of State for the Foreign The Lord Privy Seal 



Department 



The First Lord of the Admihaltt. 



Th» SJ.nn^..^ „r c . „ l lie ^JftST L.ORD of the ADMIRALTY. 

par™ ? J* 17 . for ., th ,% HoMB DE - The L ° Kn Ckatoob ; and when that office 
rf StoteT' ( P™*P»l Secretarys is put in commission, the mrst eeatMis- 



SIGNER. 



[1775, May.] HISTORICAL NOTES, fcc. . 283 



APPENDIX— Part 1st — Miscellaneous. (Privy Council— Ministers, &c.) 

The Secretary at War, is not I believe, one of the cabinet ministers. Nor the Secretary for 
the Colonial Department. I speak however with some uncertainty on this point, there may be 
«ne or more than those named, who according to settled usage, compose this council. 

The Cabinet ministers meet occasional!) and at various places, as convenience and exigencies 
require; and maintain personally and officially a close correspondence with the king and privy 
council, and are spoken of, and designated in all debates and state affairs as the " confidential ad- 
visers ot the crown." 

In this capacity, they are held answerable inividually, for unconstitutional, arbitrary, weak, and 
pernicious councils and conduct: they may be impeached for these, by the house of commons, 
under the general allegation of " high crimes and misdemeanors ;" and if convicted of corruption, 
or carrying through pernicious and injurious measures, may by the judgment 'of the house of 
peers be removed from office, disqualified from future employments, and be fined and imprison- 
ed at discretion. 

Indeed, this power in the house of commons to impeach, is universal, extending to everv officer 
or individual subject in the nation, in parliament or out of it (especially where the misdemeanor 
is not an offence punishable at law;) though rarely exercised, and less rarely producing convic- 
tion and punishment. Private persons have been impeached by the house of commons, for pub- 
rick misdemeanor?, not punishable by indictment ; or where it was not easy to succeed in that way 
to suit tiie views of the party in povver.(l) 

The Premier, or First minister however, is generally considered in the political department, 
as personating all the rest; and if the British history is examined it will be found, if there be truth 
in parliamentary oppositions, that there has never yet been a minister who was not corrupt, weak, 
or tyrannical ; or who had not betrayed, oppressed, or disgraced the nation. 

In the " Cabinet" are always two, one in the house of peers, and one in the house of com- 
mons, who are leading ministers, and regularly bring forward all great state questions and cab- 
inet measures, in those respective bodies, and support them ; and to whom the two houses look 
for all proper information. 

One of these again is distinguished, as the "Premier," or "first" minister of the crown, and is 
at the head ot the administration : This rank belopgsto the person, to whom is given by the king 
•when he forms a ministry, the office of " First Lord of the Treasury." 

The premier, on whose continuance in office, that of the cabinet generally depends, is a peer, 
Or commoner, at discretion :— and the administration of that period goes by his title, or name : 
as Id. North's administration, who was first lord of the treasure and in the house of commons, 
during the revolutionary war : and Id. Rockingham's administration, who became first lord of the 
treasnin , and prime minister in the house of peers, in March 1782, when peace was resolved 
upon, and Id. North resigned. (2) 

The reason of this is, that the formation of a ministry, when a change is to be made, is general- 
ly referred by the king, to the person who is to be the premier. 

When the premier is in the house of lords, a Secretary of State, or the chancellor of the ex- 
chequer, who is then always 2d lord of the treasury^ is the wading cabinet minister in the commons ; 
but when the premier is in the house of commons, he is also generally, appointed chancellor of the' 
exchequer; which is a separate and ancient office in the English treasury department; iiesides 
•which, there is an office of Under treasurer, a newly created appointment, of importance in the 
treasury. 

If the premier is in the house of commons, a peer is usually appointed one of the secretaries of 
State, and becomes the leading minister in the house of lords. 

One further explanation seems material ; mention is often made of the "lords of the treasury?' 

These are 5 persons, (the number may vary,) of distinguished ability, who hold their offices 
by commission from the king ; and the. first mentioned in it is always '.premier, as before observed. 

They fill the place of a great officer once known under the British constitution, who was called 
the " lord high treasurer of England?' and at the head of the whole treasury department : 

(1) Tims in 1710, Br. Henry Sacheverell, a divine, having preached a sermon -which violent. 
fy assailed the dissenters, reflected upon the Whig party in power, and inculcated high church 
doctrines, ami of passive obedience and nonresistance — was impeached by the house of Commons, 
tried before the house of Lords, convicted, suspended from preaching for three years, and his 
sermon ordered to be burnt by the common hangman. 

(2) In Mar. 1782, on the motion of gen Conway in the house of commons, it -was voted by a 
majority of 19, " that the war ought not to be continued." Upon which, the two posts Id. North 
had so long fitted as 1st lord of the treasury, and ch of the exchequer, were respectively transfer* 
redto the marquis o/Rockingh.»Mi in the house >f peers, and Id John Cavendish, of the commons 
house : Mr. Fox at the same time, succeeded Id. Stormont, as secretary of state for foreign affairs; 
and the earl of Shelburne, the earl, of Hillsborough, in the home department .■ Id. Camden was 
appointed Id president of the council : the duke o/Giafton W. privy seal: the duke a/Richmond 
master of the ordnance: gen. Conway commander-in-chief of the army: Id. Keppel first Id. of 
tJie admiralty. * v J J 

The marquis of Rockingham died about 3 months afterwards ; andwas succeeded by the earl of 
Shelb.n-ne, who on the resignation of Id. John Cavendish, procured for Mr. Wm. Pitt, {son of 
the ear.' nf Chatham,) the pout o/'chaneellor of the exchequer ; To this ministry in Ap. 1783, suc- 
ceeded tks famous coalition cabinet of Pox and North ; which was again displaced in Dec. 1783? 
Mien, Mr, Pitt became prime minister, at thsfaad of an. entire, new administration. 



284 [1775, May.] HISTORICAL NOTES, &c. 

APPENDIX— Part 1st. — Miscellaneous. {Privy Cowicil—Jllimsters, &e.) 

Tins appointment has ceased, and instead of it, the office is granted by the king to 5 persons, 
styled " commissioners, for executing the office of lord high treasurer, bic." 

"They are called by courtesy, "lords of the treasury," but properly denominated "commis- 
sioners of the treasury." 

Commissioners of the treasury, are most commonly, if not uniformly, (except the premier) ap- 
pointed in the commons. 

The bench or seat on which they sit, is called the "treasury bench," and the seats occupied by 
the ministerial party, on that side of the house, "the treasury benches." 

We hear also of lords in the house of commons, as Id. „Vorth, Id. John Cavendish, Id. Castle- 
reagh; they are not peers, but commoners, and called lords by courtesu, as the eldest sons of 
peers, or on some other account. 

The coalition ministry, (so named from the union of Fox and North,) came into power on the- 
2d. JLp. 1783, under the duke of Portland premier. Fox and North were made secretaries of 
state, and sat in the commons together : lord John Cavendish was appointed one of the lords of 
the treasury ; and also chancellor of the exchequer. 

On the 18th Dec. following, at midnight, the king dismissed this ministry ; although their party 
composed a great majority in the house of commons: a new ministry was immediately declared, 
at the head of which was placed Wm Pitt, at the age of 24. The king then dissolved the parlia- 
ment ; and the nation sanctioned the king's conduct, by returning a house of commons in favour of 
the " Pitt administration." 

The following is the ministerial list of appointments, as declared by the king "in council," on 
the dismission of the coalition ministers : It is given merely in further elucidation of the subject of 
this note. 

\JDec. 19, 1783.] New Ministeriai Arrangement. 

Mr. WiiiiAjr Pitt, first Lord of the Treasu- Earl Gower, Lord President of the Coun- 

ry, and Chancellor of the Exchequer. cil. 

The Marq.uis of Carmarthen, Secretary of Duke of Rutlajte, Lord Privy Seal. 

State for the Foreign Department. Lord Howe, first Lord of the Admiralty. 

Loud Sidney, Secretary of State for the Home Lord Thurlow, Lord Chancellor. 

Department. 

The above persons of course, formed the. " Cabinit Council ;" The rest of the great officers, 
form part of the ministerial arrangement, but are not classed with the ministry : They were the 
Duke of Richmond, Master-general of the Ordnance. 
Sir George Howard, K. B. Commander in chief of the Forces. 
The Maho_uis of Graham, (so called,) -* 

John Bulleh, esq. -------- /. , e . _, 

Ed. James Elliot, esq £ Lords of the Treasury. 

John Aubrey, esq. -.J 

Lord Hood. --------- -* 

Hon. Lettson Gower. ------ M 

Hon^G^RcivA,- :::::: \ i-****-^ 

Charles Bhett, esq. ------ \ . 

The Hon. J. J. Pratt. * 

Lloyd Kenton, esq. Attorney General. John Aldribge, esq. Keeper of the Ord- 

Richard Pepper Arden, esq. Solicitor Geue- nance. 

ral. Thomas Baixlie, esq. Clerk of the Deliveries 

The Earl of Salisbury, Lord Chamberlain of the Ordinance. 

of the Household. Lord Grantly, Chancellor of the Duchv of 

Duke of Chandos, Lord Stewart of the House- Lancaster. 

hold. Earl Bathurst, Ranger of St. James' and the 

Loud de Ferrars, Captain of the Band of Green Parks. 

Gentleman Pensioners. Duke of Dorset, Ambassador at the court of 

The Hon. William W'indhan Grenviile, France. 

Joint Paymaster of the Forces. Daniel Hailes, esq. Secretary to the French 

Henry Dundas, esq. Treasurer of the Navy. Embassy. 

Sir George Yonge, Bart. Secretary at War. G. A. Selwyn, esq. Secretarv and Re°is'er of 

Gibbs Crawford, esq. Clerk of the Ord- Chelsea Hospital. 

nance. 

Mr. Ro9e. ? „ 

Mr. Steele. 5 Secretaries of the Treasury. 

Mr. Banks, to be Private Secretary to Mr. Treasurer Pitt. 

I have put down the whole list, in order to show what constitutes a pretty o-eneral turning out 
in a new ministerial arrangement : Subordinate officers, and even manv great departments, arj 
left untouched. ~ J * r > 



[1775, May.] HISTORICAL NOTES, &c. 285- 



AFPENDIX— Part 1st.— Miscellaneous. (Massachusetts Circular Letter, 1768.) 

There is also a department, consisting of the " lords of trade and plantations," and a "secretary 
of state for the colonics," who usually holds both offices, ofjirst lord of trade and secretary. 

The earl of Hillsborough, was a long time first lord of the board of trade, and secretary of 
state for the colonies, preceding the revolution. 

The only object of all this is, to make some things referred to in the notes, somewhat plainer 
than they would be without it. 

Yet the matter stated, must be considered as an illustration, and not a full, or even accurate 
account, as far as it goes. 

My information in regard to this complex system of the British executive government, is very 
incomplete, and even in the nomenclature of office, I am little versed. 

No one, I hope, will imagine, that I have troubled myself in performing this humble task for 
any other reason, than the one mentioned. Most of my readers doubtless understand these mys- 
teries better than I do myself, and must not be offended ; but a few may require some key, how- 
ever imperfect, and it is for these the exposition is made as well as I can do it, writing in ha3te, 
and destitute of precise information. Nothing but its having an intimate relation to many parts ia 
the revolutionary history, could have induced me to spend the time, and pages devoted to it. 

JVb. 26. Calendar. Dates. 

Some confusion in the chronology of events, and understanding of dates, arises from "oWand 
new style," and the alteration of the beginning of the year: For reasons not necessary to state in 
this place, an act of parliament passed in 1752, by which it was enacted, that eleven days should be 
left out of the mouth of September of that year; and accordinglv, on the '2d of that month the 
old style ceased, and the next day instead of being the 3d, was called the 14th of Sep. By the 
same act, the beginning of the year was changed, from the 25th of March, (on which it begun 
before,) to the 1st of January. 

This change in the beginning of the year, not being attended to, has occasioned no little troub ! e, 
even iu some courts, to reconcile apparent anachronisms and inconsistencies, in titles, deeds ante- 
cedent to 17.52. Thus a conveyance to A. April 20, 1750, am! from A. to B. Jan. 20, 1750. 
It would seem (not adverting to the circumstance, that the year then begun n Mar.) that the 
deed from A. was prior to any title in him to the premises.- Yet in reality the 20th of April, 1750, 
was before the 20th Jan. 1750. 

JVo. 27. Taxation, 1696. 1702. p. 12. 

The early pamphlets (1696,) there mentioned, were quoted by Id. Camden in 1766, in his 
great speech against the parliamentary right to tax the colonies : and it should be mentioned, 
that ihe post office act adverted to in the same page, was a general law including England, Scot- 
land, Ireland, as well a3 the North American colonies, and If est Indies, but the first which had 
been passed in respect of the colonies. 

JVo. 28. Tea Act. 1767. p. 27. 

The 2d act mentioned here, as passed July 2, 1767, is not to be confounded with the East 
India Co. tea bill, enacted in June \ '73 (See p 57.) It had relation to inland duties, on teas 
consumed in England ; and to the drain buck of duties en all teas exported to Ireland, and America; 
but it was limited to 5 vears, and expired before the new arrangement with the company in 
1773. (See the act, July 2, 1767, 10 Stat. 429- 7 Geo. 3.c. 57.) 

No. 29. Massachusetts Circular Letter. 1768. p. 35. 

At this page is mentioned the circular letter from Massachusetts to the several colonies, on 
the subject of the revenue act of 1767, and American taxation; and at p. 37, allusion is made 
to the letter of the assembh to gov. Bernard, assigning their reasons for refusing to rescind 
the vote of the former hoase, relative to the circular; The whole of the letter to the governor 
cannot be inserted here, a few passages are given to exemplify the independent spirit of the 
assembly, and the peculiar force of their style, and reasoning employed on that occasion : " It is 
to Ui (say they,) incomprehensible, that we should be required, on the peril of a dissolution of 
the general court, to rescind a resolution of a former house, when it is evident, that that re- 
solution has no existence but as a mere historical fact. Your excellency must know, that the 
resolution is, to speak in the language of the common law, not now executory, but to all intents 
and purposes executed. If, as is most probable, by the word i-escinding is intended, the passing a 
vote in direct and express disapprobation of the measure taken by the former house, as illegal, 
inflammatory, and tending to promote unjustifiable combinations against his majesty's peace, crown, 
and dignity ; we must take the liberty to testify and publickly to declare, that we take i' to be the 
native, inherent, and indefeasible right of the subjeet, jointlj or severally, to petition the king for 
redress of grievances; provided alway, that the same be done in a decent, dutiful, loyal and con- 

36 



286 [1775, May.] HISTORICAL NOTES, &ri 



APPENDIX— Part 1st.— Miscellaneous. (Hutchinson Letters, 1767.) 

stitutional way, without tumult, disorder and confusion. — If the votes of the house are to he con« 
trouled by the direction of a minister, we have left us but a vain semblance of liberty.— We have 
now only to inform you, that this house have voted not to rescind, and that, on a division on the 
question, there were ninety two nays, and seventeen yeas." (1) 

No. 30. quebec Act. 1774. p. 86. 

The date, "June 22," at this page, is the time when the Quebec bill passed: What follows 
tinder that date, is an account of the previous proceedings upon it in the house of commons, alter 
May 18, when it came from the house of lords. 

No. 31. Hutchinson Letters, p. 56, 60. 

At these pages, certain letters of Thos. Hutchinson and Andrew Oliver, gov. and It. gov~ 
ernor of Massachusetts are mentioned : Some of them were written by Mr. Hutchinson whilst It. 
gov., previous to his becoming governor in 1771 ; and by Mr. Oliver while secretary of state : 
and some of them after Mr. Hutchinson became governor, and Andrew Oliver It. governor : 
The detection of the letters, was probably in the winter of 1772, and first acted upon by Mas- 
sachusetts in the session begun May, 1773. 

In addition to the notice taken of these letters at the above pages, the following extracts are 
copied from the appendix to Mrs. Warrens 1. vol. of the " Rise and progress of the American 
devolution." 

Mr. Hutchinson's agency in persuading ministers to station troops at Boston in 1768, to enforce 
tb^e revenue acts, is manifested by the extracts which succeed. 

Prom Mr. BolUni to Mr. Hutchinson, 

"Henrietta Street, August 11, 1767. 
."Mr. l?axton has several times told me, that you and some other of my friends were of 



Opinion, that standing troops were necessary to support the authority of the government at Boston, 
and that he was authorized to inform me this was your and their opinion. I need not say that I 
hold in the greatest abomination such outrages that have taken place among you, and am sensible 
it is the duty of all charter, or other subordinate governments, to take due care, and punish such 
proceedings; and that all governments must be supported by force, when necessary ; yet we must 
remember how often standing forces have introduced greater mischiefs than they retrieved, and I 
am pprehensive that your distant situation from the centre of all civil and military power, might 
in this case, sooner or later, subject you to peculiar difficulties. 

" When Malcom's bad behaviour made a stir here, a minister who seemed inclined to make 
nse of standing forces, supposing this might not be agreeable to me, I avoided giving an opinion, 
which then appeared needless and improper, but afterwards, when it was confidently said, that pre- 
parations were making to send a considerable number of standing troops, in order to compel obe- 
dience, I endeavoured to prevent it." 

"Mr. Bollan goes on to observe, that c he had informed some influential gentlemen in England, 
that he had the highest reason to believe, that whoever should be instrumental in sending over 
Standing troops to America, would be cursed to all posterity." 

From Mr. Hutchinson to — ■ ■. 

Boston, January, 1769. 

" DEAR SIB, 

"Isent you under a blank cover, byway of Bristoland Glasgow, the account of proceed- 
ings in New York assembly, which you will find equal to those of the Massachusetts. Perhaps if 
they had no troops, the people too would have run riot as we did. Five or six men of war, and 
three or four regiments, disturb nobody but some of our grave people, who do not love assemblies 

(i) " Nothing is so propitious to eloquence, as liberty. The renmrks ofZ,onginus on this sub- 
ject, toward tlie close of his Treatise on the Sublime, mil naturally occur to the classical reader, 
\ehile attending to the writings and speeches of the colonists, from this period to the Declaration 
of American Independence. A -writer in the London Magazine of 1768, having mentioned the 
Circular Letter of Massachusetts, and the proceedings of that colony in June, observes : " There 
is svchjust and cogent reasoning, such a spirit of liberty, breathes through the whole of the 
American productio?is, at this time, as woidd not have disgraced ancient Greece or Borne, wflen 
-ntniggling against oppression." Holmes. 



1775, May.] HISTORICAL NOTES, &c. 287 



APPENDIX— Part 1st.— .Miscellaneous. {Hutchinson Letters.) 

xnd concerts, and cannot bear the noise of drums opon a Sunday. I know I have not slept in town 
*ny three months these two years, in so much tranquillity, as I have done the thr^e months since 
the troops came." (1) 

The following were written after the partial repeal of the act of 1767, to encourage ministry to 
commence and persevere in a plan of radical changes in the governments of the colonies, in order 
to keep down future opposition, and the growing spirit of independence. 

From gov. Hutchinson to gov. Povnall. (2) 

" It is uncertain on what occasion the following assertion was made, but it discovers the spirit 
rfnd wishes of the writer. 

" Boston, June 22, 177:2. 

" The union of the colonies is pretty well broke ; I hope I shall never see it renewed. In- 
deed oar 'sons of liberty' are hated and despised by their former brethren in New York and Penn- 
sylvania, and it must be' something very extraordinary ever to reconcile them." 



Prom gov. Hutchinson to 



"Boston, August 27, 1772. 



"But before America is settled in peace, it would be necessary to go to the bottom of all 
the disorder, which has been so long negh cted already. The opiniou'tha every co!on> has a le- 
gislature within itself, the acts and doings of which are not to be controuled by parliament, and 
that no legislative power ought to be exercised over the colonies, except by their respective le- 
gislatures ; gains ground every day, and it has an influence upon all the executive parts of govern- 
ment. Grand juries will not present ; petit Junes will not convict, the highest offenders against 
acts of parliament ; our newspapers publickly announce this independence every week; and, .that 
is much more, there is scarce an assembly which has not done it at one time or another The 
assembly of this province has done as much the last session by their publick votes and resolves, 
and by an address which they have sent to doctor Franklin, to be presented to the king; so there 
is sufficient grounds for parliament to proceed, if there is a disposition. What, it will be said, can 
be done ! A test as general as the oaths required instead of the oaths of allegiance and supremacy, 
would be most effectual : but this there is reason to fear would throw America into a general contu- 
sion, and I doubt the expediency. But can less be done than affixing penalties, and uisqualitica- 
ticns or incapacities, upon all who by word or writing shall deny or call in question the supreme 
authority of parliament, over all parts of the British dominions ? Can it be made necessary for all 
judges to be under oath, to observe all acts of parliament in their judgments? And may not the 
oaths of all jurors, grand and petit, be so framed as to include acts of parliament as the rale of law, 
as well as law in general terms? And tor assemblies or bodies of men, who stall deny the authority 
of parliament, may not all their subsequent proceedings be declared to be ipsofiicto null and void, 
and every member who shall continue to act in such assembly be subject to penalties and incapaci- 
ties? I suggest these things for consideration. Every thing depends upon the settlement of this 
grand point. We owe much of our troubles to the countenance given by some in England to this 
doctrine of independence. If the people were convinced that the nation with one voice condemn- 
ed the doctrince.or that parliament at all events, was determined to maintain its supremacy, we 
should soon be quiet The demagogues who generally have no property, would eoiithint- tbeir 
endeavours to inflame the minds of the people for sometime; but the people in general have real 
estates, which they would not run the hazard of forfeiting, by any treasonable nieasures. If 
nothing more can be done, there must be further provisions for earning the act of trade into 
execution, which I am informed administration are very sensible of, and have measures in contem- 
plation. Thus you have a few of my sudden thoughts, which I must pray you not to communicate 
as coming from* me, lest I should be supposed here to have contributed to any future proceedings 
respecting America. I have only room to add that I am, with sincere respect and esteem, 

" Tour's, kc." 

"Boston, December 8, 1772. 
"TO MR. JACKSOX. 

£Prira;e.] 

'•bxab stn, 

"They succeed in their unwearied endeavours to propagate the doctrine of independence 
upon parliament, and the mischiefs of it every day iucrease. 1 believe I have repeatedlv mention- 
ed to you ray opinion of the necessity of parliament's taking some measures to prevent the spread 
of this doctrine, as well as to guard against the mischiefs of it. It is more difficult now, than it was 

[1) The trtops arrived, last of Sep. 1768. See p. 39. (2) Guv. of Massachusetts from 1757 to 1760. 



288 [1775, May.] HISTORICAL NOTES. &c. 



APPENDIX— Part 1st.— Miscellaneous. {Hutchinson Letters.) 

the last year, and it will beeome more and more so every year it is neglected, until it is utterly 
impracticable. If I consulted nothing but my own ease and quiet, I would propose neglect and 
contempt of every affront offered to parliament by the little American assemblies, but I should be 
false to the king, and betray the trust he has reposed in me. * ****** *** 
*•****»•»**••***** You see no difference between the 
case of the colonies and that of Ireland. I care not in how favourable a light you look upon the 
colonies, if it does not separate us from you. You will certainly find it more difficult to retain the 
colonies, than vou do Ireland. Ireland is near and under your constant inspection — All officers are 
depc ndeiit, and removable at pleasure. The colonies are remote, and the officers generally more 
disposed to please the people than the king, or his representative. In the one, you have always the 
ultima ratio ,• in the other, you are either destitute of it, or you have no civil magistrate to direct the 
use of it Indeed, to prevent a general revolt, the naval power may for a long course of years be 
sufficient, but to preserve the peace of the colonies, and to continue them beneficial to the mother 
country, this will be to little purpose : but I am writing to a gentleman who knows these things 
better than I do." 

'* Eastern, January, 1773. 
"JOHN POWNALL,ESQ. 

*• MI BEAR SIR, 

"I have not answered your very kind and confidential letter of the 6 th of October. No* 
thing could confirm me more in my own plan of measures for the colonies, than finding it to 
agree with your sentiments. You know I have been begging for measures to maintain the supre- 
macy of parliameut. Whilst it is suffered to be denied, all is confusion, and the opposition # to> 
government is continually gaining strength." 

"Boston, April, 19, 1773. 
"JOHN POWNALL, ESQ. 

" SEAR SIR, 

" Our patriots say that the votes of the town of Boston, (1) which they sent to Virginia, 
have produced the resolves of the assembly there, appointing a committee of correspondence ; and 
I have no doubt it is their expectation, that a committee for the same purpose will be appointed 
by most of the other assemblies on the continent. If any thing therefore be done by parliament 
respecting America, it now seems necessary that it should be general, and not confined to parti- 
cular colonies, as the same spirit prevails every where, though not in the like degree." 

■ Boston, October 18,1 773. 
"JOHN POWNALL, ESQ. 

lPrivate.2 

<« BEAR SIR, 

" The leaders of the party give out openly that they must have another convention of all 
the colonies ; and the speaker has made it known to several of the members, that the agent in 
England (2) recommends it as a measure necessary to be engaged in without delay, and proposes, 
in. order to bring the dispute to a crisis, that the rights of the colonies should be there solemnly 
and fully asserted and declared; that there sho d be a firm engagement with each other, that 
they will never grant any aid to the crown, even in case of war, unless the king and the two houses 
of parliament first recognize those rights; and that the resolution shculd be immediately commu- 
nicated to the crown ; and assures them, that in this way they will finally obtain their end. 

"I am not fond of conveying this sort of intelligence ; but as I have the fullest evidence of the 
fact, I do not see how I can be faithful to my trust and neglect it; therefore, though I consider 
this as a private letter, yet I leave it to you to communicate this part of it, so far as his majesty's 
service may require, and as I have nothing but that in view, I wish it may go no further. The 
measure appears to me, of all others, the most likely to rekindle a general flame in the colo- 
nies." 

*■ The above extracts were taken from governor Hutehinson's letter book, found after be re- 
paired to England, (3) deposited in a secret corner of his house at Milton. If the reader wishes a 
further gratification of his curiosity in regard to the subtle stratagems of Mr. Hutchinson, he is re- 
ferred to the whole collection, as published in England." Warren. 

The following relate to the burning of the Gaspee. Mr. Hutchinson seems to have been verj 
active in this affair — 

(I) See p. 54, 262. (2) Mr. Franklin : This was eventually brought about in Sep. the 

ye,ar following. (S) Summer of 177 i. 



[1775, May] HISTORICAL NOTES, &C. 289 

APPENDIX— Part 1st.— Miscellaneous. (Hiticliimon Letters.) 
Governor Hctchistsow to Admiral Gambier. 

Boston, June 30, 1772. 

" DEAR SIR. 

« * • * • * • » «»*»*»»*»*»**•_ Q ur 

last ships carried you the news of the burning of the Gaspee schooner at Providence. I hope if 
there should be another like attempt, some concerned in it may be taken prisoners and carried 
directly to England. A few punished at Execution Dock, would be the only effectual preventive 
of any further attempts. *«*•«*********«** *.»' 

On the same subject, to secretary Pownall. 

« Boston, Augxtst 29, 1772. 

" DEAR SIR, 

" I troubled you with a long letter the 21st of July. Give me leave now only to add 
One or two things which I'then intended, hut to avoid being too tedious, omitted People in this 
province, both friends and enemies to government, are in great expectations from the late affair 
at Rhode Island of burning the king's schooner, and they consider the manner in which the news 
of it will be received in England, and the measures to be taken, as decisive. If it is passed over 
without a full inquiry and due resentment, our liberty people will think they may with impunity 
commit any acts of violence, be they ever so atrocious, and the friends to government wilt des- 
pond, and give up all hopes of being able to withstand the faction. The persons who were the 
immediate actors, are men of estate and property in the colony. A prosecution is impossible. If 
ever the government of that colony is to be reformed, this seems to be the time, and it would 
have a happy effect in the colonies which adjoin to it. Several persons have been advised by let- 
ters from their friends, that as the ministry are united, and opposition at an end, there will cer- 
tainly be an inquiry into the state of America, the next session of parliament. The denial of 
the supremacy of parliament, and the contempt with which its authority has been treated by the 
Lilliputian assemblies of America, can never be justified or excused by any one member of either 
house of parliament ***.**««********'******* 

" Boston, September 2, 1772. 
« SAMUEL HOOD, ESQ. 

" DEAR SIR, 

" Captain Linzee can inform you of the state of Rhode Island colony better than I can. 
So'daring an insult as burning the king's schooner, by people who are as well known as an who 
were concerned in the last rebellion, and yet cannot be prosecuted, will certainly rouse the Brit- 
ish lion, which has been asleep these four or five years. Admiral Montague says, that lord Sand- 
wich will never leave pursuing the colony, until it is disfranchised. If it is passed over, the other 
colonies will follow the example." see p. 55. 261, 2. 

No. 33. Colony memoirs, from 1763 to 1775. 

There is yet wanting a historical account of transactions, in the 1 3 colonies separately collected, 
and strictly confined to the political controversies with Great Britain, between 1/63 and 1775, in- 
clusive ; after that all questions about colonial rights ceased, and the struggle became a continental 
war for independence. 

The information belonging to the interval referred to, preceding the meeting of the 2nd con- 
gress, might be classed under four heads. 

1st. Parliamentary and ministerial acts ; as votes, laws, instructions, correspondence Src. in 
Great Britain: publick acts in the colonies; such as speeches, messages, correspondence, Sic. 
of governors ; Answers, protests, resolutions, votes Etc. of assemblies ; and generally all other 
publick, official, diplomatick, or state papers, on the subjects of controversy between the constitu- 
tional authorities. 

2d liead. Acts and proceedings of provikcial congresses ; conventions ; publick meetings ice. 
their Declarations, Resolves, correspondence, instructions, &c. and whatever was done of impor- 
tance, in, or under these popular and occasional bodies; in opposition to the measures of Great 
Britain, or her royal authorities here ; and to obtain redress of grievances. 

3d head. — " Personal memoirs;" comprehending biographical notices, of leading characters 
and politicians on both sides : including an account of authors, and celebrated writings on the points 
in controversy; also remarkable speeches, addresses, &c. and whatever else is of consequence 
enough, to be communicated, in reference to individual conduct. 

4th head. — As a branch of the last head, (but subordinate;) narratives of popular acts, ei- 
ther of torce or prevention ; in order to defeat obnoxious meaures of government, or in execution 
-of some particular scheme of resistance or resentment; and the results. 



290 [1775, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 1st— Miscellaneous. {Colony Memoirs.) 

Of course, the various matters comprehended under the foregoing heads, to be. made intelligible 
by a due arrangement, and connexion in reference to the periods of time, subjects and occasions, 
to which they properly belong; forming what may be denominated "Political memoirs of the 
times, from IT 63, to May 17*5, inclusive." 

A compilation conjined to this space of time, and merely to the political controversies which sub- 
sisted with England, or her royal agents here, would seem necessary to illustrate and complete 
our revolutionary annals. 

No general history of a colony, or of the country at large, cau be expected to contain this inter- 
esting information, with any approach towards a complete development. Most of the materials 
can only be obtained after diligent search, within the proper limits of die colony where the affairs 
happened. No general historian has pretended to give any clear and full account of these politi- 
cal and personal memoirs, in any one colony, much less in all. 

A few state papers and publick acts, and some disjointed particulars belonging to this branch 
of our history, are to be found in every book ; but most of these loosely abridged or referred to, 
but nothing like a -whole. 

Whatever is now extant, of the particular political history of men and things in each colony be- 
tween 1763, & 1775, is preserved in Gordon ; exhibited in no very clear arrangment, and far less 
tolerable style. Almost every writer since, has drawn from this stock, with little improvement or 
addition, except iu giving to it a more engaging form. 

Even Dr. Gordon's notices are principally confined to Massachusetts and Virginia, those res- 
plendent luminaries in the political firmament of the times, which led and lighted the way to liber- 
ty and independence. 

It is not too late to attempt a more complete collection in this department; nor has the time 
elapsed, in which it would be useful, or at least interesting to the present generation. Many thou- 
sands are living, to whom these memoirs might afford delightful retrospections upon parts perfor- 
med by their immediate progenitors, aud deceased relatives. 

As matter of history, it should be rescued from oblivion ; much may even now be irrecoverable; 
yet enough saved to form a tolerable chain of actions and events during that period ; one not in- 
deed of war, but of oppression and suffering, which required and called forth the most exalted vir- 
tues and patriotism to endure and resist 

By such a memoir of the times, each one of the " Oid Thirties-," might become possessed of 
a sort of " family record," handing down to posterity, the meritorious deeds of ancestors, from 
vhom it inherits the blessings of " Peace, Liberty and Independence." 

A work of this kind, would doubtless also, leave less room for comparisons, if not invidious, at 
least in some instances, not justified by facts in reference to personal character, patriotism, and 
effort in the several colonies, in periods prior to the breaking out of the war. 

The thing most to be feared in such a book of colony affairs, within the prescribed period is, 
that it would dilate into general history; be overcharged with biographiccddeta.il; or too much 
lengthened by minute occurrences, and proceedings of little importance. 

Doubtless, it is an undertaking which requires nice discrimination, aud much judgment. But it 
would be better to have an indifferent book of this kind than none at all : it must preserve the 
memory of many persons and actions, which will soon be lost; these might then if necessary, be 
put into some better condition. 

A late volume of Massachusetts " State Papers," highly commended in the " N. A. Review, 
vol. -2 new series," may furnish a useful model in some respects, for such a collection of publick 
documents, personal memoirs, and popular proceedings of a political kind, relative to colonial 
rights, as is wanted for each colony, in the interval between 1763 and 1775. Mr. JHrt's " life of 
P. Henry" might also afford some hints in regard to the materials which could be properly intro- 
duced in such a work, falling under some one or more of the four heads first mentioned. 

The biographical portion of this last book however, cannot be a model for the matter of the 
same kind in die proposed collection, being far too discursive, though it may be thought propev 
enough in a work, devoted to display the talents and actions of some one eminent character. 

I repeat, that such a compilation ought to be made for each of the colonies, in a distinct volume, 
and by some qualified compiler within the state. Wanting such a record of local affairs, must be 
my apology for the omission to notice many transactions in several colonies, previous to the 
£d Congress in May, 1775, (when in reality the civil war had begun by the battle of Lexington in 
April preceding,) which equally deserves a place in any history of die times. 

It may be remarked however in general, that they followed in the steps of Massachusetts 
and Virginia, with slight variations, which peculiar circumstances made necessary. 



i 1775, May .J HISTORICAL NOTES, &c. 291 



APPENDIX, PART II. 

Colony transactions continued from p. 98. 

Tbe general history of the disputes between the Colonies and England, was brought in these 
notes to the meeting of theirs* congress, Sep. 5. 1774, (seep. 101.) Their proceedings '.re 
detailed trora that period to Oct. 26. and immediately consequent upon those, the parliamentary 
trai.'sacuons down to May 1775. (see p. 19o.) 

The second congress met precisely in this month, whose acts, and subsequent events from that 
time, will immediately follow this secoitb part of the uppendix. 

The particular object of this part is, to bring into view what had transpired in the colonies after 
the meeting of the first congress, and up to the time of the second, a space of 7 months. These 
events ate very important, but could not be carried on after the first congress took up the con- 
troversy with England in Sep. 1774, as a continental question, without some confusion in the gen- 
eral history. 

After detailing these local occurrences up to May 10, 1775, 1 shall then proceed from that peri- 
od with the continental measures, as pursued by the 2d congress. (See note to the reader, p.200.) 

It will be remembered, that when the first congress met (Sep. 5, 1774,) in order to deliberate 
en the state of the nation, that Gen. Gage was fortifying Boston neck, and giving other demonstra- 
tions of futnre hostility, very alarming to the citizens of that town, and the people of Massachu- 
setts: this occasioned the Suffolk county meeting and resolves, (Sep. 6,) which were transmitted 
to congress and acted upon, with other grievances affecting the colonies, in tbe manner alrea- 
dy stated. 

The reader therefore will recur to p. 98, Sep. 6, 1774, from which date, it is the purpose of 
this note to continue the narrative of important provincial occurrence* to May 10, 1775. 

[1774, .Sep.] Notwithstanding the ferment which prevailed respecting the alteration of the 
charter in the spring of this year, and the declared purpose of the people of Massachusetts never 
to submit to any authorities under it; Gen. Gage soon after the Suffolk county resolves, with the 
advice of his new council, (appointed by the king's mandamus in virtue of the new modelk-d gov- 
ernment,) issued writs for choosing the first assembly under it, to meet at Salem, Oct. 5. (1774) 

Discovering however, the temper of the colony, he thought it expedient to counter-act the ef- 
fect of this imprudent step by a proclamation, suspending the meeting of the members returned. 
The Suffolk county meeting of Sep. 6, had recommended the choice of a Provincial congress, te 
convene at Salem on the 2nd tuesday in Oct. (see p. 109, resolut. 16 ) It was with a view of pre- 
cluding the necessity of such a body, that the Governor had called this assembly, and appointed 
their meeting at Salem the week before that, fixed for the congress. 

The people obeyed the writs for choosing representatives for the assembly, but every where 
chose the same persons they had elected as delegates to the congress. 

Therefore, notwithstanding the proclamation, the new members to the number of 90 met at 
Salem Oct. 5. agreeably to the precepts. The members also, of the old Charter council, (by con- 
cert,) assembled at the same time and place. The design was, to proceed to business under the 
old charter as still in force : if the Governor refused to act, to consider him as absent from the 
province, in which case, the charter provided that 15 of the council assenting to a bill, it should be 
as valid, as if signed by the Governor. This scheme of the assembly acting: under the old charter, 
■when met, wholly regardless of parliamentary alterations, with other circumstances, doubtless oc- 
casioned the proclamation. 

[Oct. 5-3 The assembly nevertheless convened, and waited that day without the presence of 
the governor, or any substitute from him to administer the oaths or open the session ; the next 
day [Oct. 6.] a committee was appointed to consider the proclamation. Relinquishing however 
the idea of proceeding under the old eharter, on the next day, [Oct. 7 } this body resolved itself 
into a provincial congress to be joined by such others, as " have been or shall be chosen ; to take 
into consideration the dangerous and alarming situation of publick affairs." 

[Oct. 8.] They met in congress, and adjourned to Concord, 18 miles N. W. from Boston, and 
there chose John Hancock president. A committee was then appointed to " wait upon the gov- 
ernor with a remonstrance, in which they apologize for their meeting, from the distressed state of 
the colony; express the grievous apprehensions of the people ; assert that the rigour of the Bos- 
ton port-bill is exceeded by the manner in which it is carried into execution ; and complain of the 
late laws, as not only abridging the rights of the people, but a licence for murders; of the number 
«{ troops in the capital daily increasing, by accessions drawn from every part of the continent, and 
the hostile preparations at Boston Neck. They conclude with adjuring him to desist immediate- 
ly, from the construction of the fortress at the entrance into Boston, and to restore that pass to 
ats natural state. The governor was involved in some difficulty as to giving them an answer, for 
lie could not acknowledge the legality of their assembly. Necessity however prevailed. He ex- 
pressed great indignation at the idea's being formed, that the lives, liberties, or property of any 
people, except avowed enemies, could be in danger from English troops; and observed, thai not- 
withstanding the enmity shown to the troops, by withholding from them almost every thing ne- 
cessary for their preservation, they had not yet discovered the resentment which might j'stly 
have been expected to arise from such hostile treatment. He reminded them, that while they 
comidained of alterations made in their charter by acts of parliament, they were themselves, by 
th- ir present assembling, subvening that charter, and now acting in direct viclation of their own 
(JonstUation ; he therefore warned them of the rocks they were upon, and to desist from such 



292 [1775, May.] HISTORICAL NOTES, kc. 



APPENDIX— Part 2nd.— {Colony transactions from Sep. 1774 to .May 1775.) 

illegal and unconstitutional proceedings. But they were not in the least diverted from prosecu- 
ting their measures. They adjourned to, and met at Cambridge [Oct. 17. J 

" [Oct. 21. ] A committee was appointed to draw up a plan for the immediate defence of the 
province. It was concluded to raise and enlist a numoer of minute-men, now for the first time so 
called, from their being to turn out with their arms, at a minutes warning." 

They then proceeded to nominate a "committee of safety" and a "committee of supplies." 
The first was empowered to assemble the militia, when they should judge the same necessary, 
and invested with other powers, for the defeuce of the inhabitants, and province. The other 
committee to assist the first, and to purchase necessary supplies for the militia when in service : 
these committees to sit in the recess, or during the non-existence of a provincial congress. 

[ Oct. 27. ] The congress elected the hou. Jedediah Preble, hon. Artemas Ward, and col- Seth 
Pomeroy, who had served in the last war, general officers, to command the militia and minute 
men, when called into action; after which [Oct. 29,] they adjourned to *Yov. 22. 

On the approach of winter, gen. Gage had ordered "temporary barracks to be erected for the 
troops, partly for their security, and partly to prevent the disorders which, in the present temper 
of parties, would unavoidably have resulted from quartering them in the town. Sueh, however, 
■was the detestation in « h;ch they were held, and the dislike to see them provided for in any man- 
ner, that the select men and committees obliged the workmen to quit the employment, although 
they were paid for their labour by the crown, and although employment was at that time with 
difficulty obtained. He was not much more successful in his endeavours to engage carpenters in 
New York, and it was with considerable difficulty that these temporary lodgments were erected. 

" The agency for purchasing winter covering for the troops, was offered to almost every mer- 
chant in New York; but such was the danger of engaging in so obnoxious aa employment, that 
not only those who were siucerely attached to the resistance now made by America to the views 
of administration, but thos%also, who were in secret friendly to those views, refused undertaking 
it, and declared 'that they never would supply any article for the benefit of men, who were seut 
r>s enemies to their country." Marsnall. 

On the other hand, the Massachusetts committees of safety and supplies, took measures to pro- 
vide ammunition, arms, provisions and warlike stores ; which were deposited at Worcester, and 
Concord, ready for use, if they should be obliged to take up arms in defence of their rights. 

Every thing now served to increase " the mutual apprehension and animosity between the 
government and the people. Those of Boston professed to be under no small terror, from an 
apprehension of danger to their property, liberties, and lives. The soldiers, on the other hand, 
considered themselves in die midst of enemies. Each side made profession of the best intentions 
in the world for its own part, and showed the greatest suspicion of the other. In this state of 
doubt and profession, matters were made still worse by a measure which seems not of sufficient 
importance in its consequences, to justify its having been hazarded at so critical a season. This 
■was the landing of a detachment of sailors by uight, from the ships of war in the harbour, who 
spiked up all the cannon upon one of the batteries belonging to the town. 

In the mean time, through the disposition and promptitude of the people, the resolutions and 
recommendations of the provincial congress, had all the weight and efficacy of laws. 

[..Vov. 10.] At length the governor was induced to issue a proclamation, in which they were 
charged with proceedings geueraliy understood as tantamount to treason and rebellion; The in- 
habitants were accordingly prohibited in the king's name, from complying in any degree with the 
requisitions, recommendations, directions, or resolves of that unlawful assembly ."(1) 

t_JV 'ov. 23.] The provincial congress again met, and conceiving it necessary that a body of troops 
should be organized; resolved to raise 12 thousand men, "to act upon any emergency; and 
directed that a quarter of the militia should be enlisted as minute-men, who were allowed the 
liberty of choosing their own officers, and were to receive pay. They sent persons to New-Hamp- 
shire, Rhode Island, and Connecticut, to acquaint them with what was doiug, and to request that 
thev would prepare their respective quotas to make up an army ot 20,000 men when wanted. 
Upon this a number of gentlemen were sent from these colonies, to consult and settle with a com- 
mittee of about twenty, chosen by the congress for the purpose. There was a difficulty about 
fixing what should be the precise period for opposing general Gage's troops; at length it was de- 
termined, that they should be opposed whenever they marched out with their baggage, ammuni- 
tion, and artillery ; for this would carry in it an apparent intention of acting hostilely in support of 
British measures." (2) 

(1) To wlu'ch not the least regard was paid by the congress, or people, v.-ho considered the con- 
gress as the only existing legislative government. See p. 275 a similar proc. 

(2) Dr. Gordon gives the following anecdote relative to the method of cure prescribed by Mr. 
S. A<ams, for certain faint hearted members, in this convention. " JJlien the provincial c 

met again, having Mr. Samuel Adams present with them, they pushed their preparations for 
hostile opposition. These exertions suited not the feelings of many in congress. Through timidi- 
ty they began to sicken at heart, and upon the plea oj sickness begged leave to return home, 
and were indulged. Mr. S. Adams penetrated the cause of their complaint ; and in order to 
stop the epidemical distemper, expressed his great n-iUingness, that token memben were .: 
they should be allowed to return, but proposed that they should be enjoined, upon getting bad.- tc 
inform the towns that they were no longer represented, that so others might be sent to supply 
absence. The proposal soon cured the malady ; for the disordered chose to remain in congress, 
rather than incur 'the divplec-: -. .' be supplanted by new successors." 



[1775, May.] HISTORICAL NOTES, kc. 29S 

APPENDIX— Part '2nd.— {Colonial transactions from Sep. 1774 to May, 1775.) 

(Dr. Gordon mentions, that on the 5th of this month [Nov.] the Virginia militia officers con- 
vened at Fort. Gower, and have shown " what may be expectedfrom them ; for though they re- 
solved to bear the most faithful allegiance to his majesty, they declared that the love of liberty 
and attachment to the real interests andjust tights of Americu, outweighed every other consider- 
ation, and that they would exert every power wittdn them for the defence of American libertv, 
when regularly called forth by the unammous voice oftlieir countrymen") 

[Dec. 5.] The eongresa appointed delegates to the 2d continental congress, (See post, meet- 
ing or congress, May 10, 1775 ) 

"\_Dec. 6 ] A committee was appointed to correspond with the inhabitants of Canada; and it 
was also resolved, that the following letter be addressed to the several ministers of the gospel, with- 
in this province: 

" hev. sin, 
"We cannot but acknowledge the goodness of Heaven, in constantly supplying us with preach- 
ers of the gospel, whose concern has been the temporal and spiritual happiness of this people. la 
a da* like this, when all the friends of civil and religions liberty are exerting themselves, to deliver 
this country from its preset)' calamities, we cannot but place great hopes in an order of men, who 
have ever distinguished themselves in their country's cause; and do therefore recommend to the 
ministers of the gospel, in the several towns and other places in this colony, that they assist us in: 
avoiding, that dreadful slavery with which we are now threatened." 

[Dec. 8.] After electing cols.. Thomas and Heath, brigadier generals, they dissolved ; to be at 
home in time, as Mi Go rdon observes, "'to keep thanksgiving' with their families, the day for 
appointing which belonged, in an orderly wa\, to the governor; but in these extraordinary times, 
the provincial congress appointed the thanksgiving, on which among other enumerated blessings, a 
particular acknowledgment was to be made to the Almighty, for the union which so remarkably 
pr< \a.ls in the colonies." 

[Dec. 12 J At a meeting of deputies from the several counties in Maryland, held by adjourn* 
ment at Annapolis, from Dec. 8, to Dec. 12 : delegates were appointed to the ensuing congress: 
as Mr. Gordon observes they were no less zealous " on the present critical occasion, than those 
of the most active provinces. They were all i.> motion, forming county meetings, entering into 
associations, choosing committees, and recommending measures for carrying the resolutions of the 
continental congress iuto effectual execution. The convention has appointed a sum of money for 
the purchase of arms and amrouuiuoo — every person who refuses to contribute to the purchase, 
is deemed an enemy to his country. Many of the principal gentlemen are ambitious of appear- 
ing in arms to defend its liberties : they have taken the power of the militia out of the hands of 
the governor, and established it bv their own authority, for the defence of Massachusetts as well 
as of themselves; and thus have shown to all the world, their approbation of New England mea- 
sures." 

Delaware pursued the same course of preparation. 

In Rhode Island, on receiving an account of the royal proclamation (1) which had recently been 
issued "prohibiting the exportation of military stores from Britain, the people seized upon and 
removed from the batteries about the harbour, above forty cannon of different sizes. (2) The 
assembly also passed resolutions, for procuring arms and military stores by every mean, and 
from every quarter in which they could be obtained, as well as for training and arming the inha- 
bitants." 

\_Dec. 14.] In J\'ew Hampshire, (where great moderation had hitherto prevailed,) when copies} 
of the proclamation, and these resolutions arrived there, more "than four hundred men collected, 
and beset his majesty's castle at Portsmouth. (3) Captain Cochran, who commanded, ordered 
three four pounders to be fired on them, and then the small arms; before he could be ready to 
fire again, the fort was stormed on all quarters, and the assailants immediately secured both him 
and his men, and kepi them prisoners about an hour and a half, during which they broke open the 
powder house, took all the powder away, except one barrel, and having put it in boats, sent 
it off." 

[Dec. 15.] The assembly of Pennsylvania, ratified unanimously all acts of the general congress, 
and appointed deputies on the part of that province, in the congress to be held in May following: 
This was the first constitutional house of representatives that ratified the acts of the general congress. 

" [1775 Jan. 11.] The general committee in Charleston, South-Carolina, convened a provincial 
congress, and procured a return ot representatives from every parish and district in the colony, 
by which means the body consisted of more than two hundred, while the constitutional assembly 
amount to no more than forty-nine. The increase of the representatives naturally served the 

(I) The king, by virtue of certain statutes is vested with a standing power, to prohibit the 
exportation of arms and ammunition. Vi. 1 HCom.p. 275. (2) A captain " of a n>.'.r. of 

-Mir, having waited upon t/ie governor to inquire into t/ie meaning of this procedure, was in- 
formed with great franknets, that the people had ■?• ized the caiman to prevent their faJHng into 
the hands of the Icing's forces; and that tliey meant to make use of them to defend themselves 
against any powe'- that should offie> to luo'.est them" (3) A small fort, called Wm. and 

Mary, considerable only as being the object of t fie first movement in the coions. 

37 



194 [1775, Mar.} HISTORICAL NOTES, &c. 



APPENDIX— Pun - m Sep. 1774, ft Mag, 1775.) 

cause of the country, by engaging a greater number of leaders in support of it This first provin- 
cial congress met on Thursday; they unanimously approved the proceedings of the general con- 
gress, and resolved to carry them into execution. Committees of inspection and observation 
were appointed, to see that the pubkck resolutions were universally obeyed, that so they may not 
be broken through by the selfishness of individuals. This was the prevailing mode of guarding 
against such selfishn ss in eTery colony." 

[/an. 25.] A cmtventi rmladelphia for the colony of Pennsylvania, among whom 

were, M: 1 ... i ".:■-.'■:::. Bad 1%mmas Jllijfkn: This body acted with the greatest spirit and 
effect, in sustaining the ground taken by congress; and among other proceedings resolved "That if 
the petition of the continental congrr-ss should be disregarded, and the British administration de« 
termine by force, to effect a submission to the late arbitrary acts of the British parliament; in such 
a situation, we hold it our indispensable duty to resist snch force, and at every hazard to defend the 
rights and liberties of America.' The convention likew ise recommended in particular the makiBg 
of salt, gun-powder, salt-petre, and steel. (I) 

Mr. Jiamscy, speaking of this convention, observes of the T&rious ■ instructions on this occasion, 
those which were drawn up by a convention of delegates, from even county in the pr;- 
Penn e Tlvania, and presented by them in a body to the constitutional assembly, were the most pre- 
cise and determinate. By these it appears, that the Pennsylvanians were disposed to submit to 
the acts of navigation, as they then stood ; and also to settle a certain annual revenue on his majes- 
ty, his he ;ijrs, subject m f parliament, and to satisfy al! damages done 
to the East-India company ; provided their grievances were redressed, and an amicable compact 
ed, which, by establishing American rights in the form of a new magna charta, would 
-eluded future disputes ." Ramsay 
[Jan. 95.] A convention of deputies was held at Exeter for the province cf New Hampshire, 
the proceedings of congress approved, and delegates appointed to the ensuing one; and on the CTih 
i ?ing in session, in reply to a letter from Maryland they say " You may depend 
upon the ready concurrence of this house, with the measures thought necessary to be pursued by 
the other colonies in the great cause of liberty." Gord, 

[ F:i l] A ne^f provincial congress of Massachusetts met at Cambridge, and again cl [ 
ittu«c»db president; in about a fortnight they adjourned to ' e purpose of 

personal severity, and to be less incommoded by any measures of the governor. 

The royal proclamation, prohibiting the exportation of military stores from Great Britain, his 
>. and the addresses of the new parliament, seemed to cut off ail hopes of r. 
Stian, more especially in New England. 

"They had flattered themselves that the, union of the colonies, the petition of congress to the 
king, and the address to the people of Great Britain, would have produced some happy 
but the measures now adopted, in a great measure removed the delusion. The new provincial 
congress of Massachusetts published a resolution, informing the people, that from the disposition 
ed by the British parliament and ministry there was real cause to fear, that the reasona- 
ble and just applications of the continent to Great Britain for peace, liberty, and sale ty, would not 
meet with a tav urable reception ; that on the contrary, from the large reinforcements of troops 
atpected in that colony, the tenor of intelligence from Great Britain, and general appearances, 
they had reason to apprehend, that the sudden destruction of that colony in particular was in- 
tended :" and that the colony might be somewhat prepared for the severest trial, they urged in th? 
strongest terms, " the militia ir. general, and the minute-men (1) in particular, to spare neither 
time, pains, nor expense, at so critical a juncture, for perfecting themselves forthwith in the 
military discipline. They passed resolutions for the providing and making of fire-arms and bay- 
onets, and renewed the prohibition of their predecessors, against supplying the troops at Boston, 
■with any of those necessaries peculiarly requisite for the military service. The committee oi 
sa'ety had directed in the beginning of January, that all the cannon, mortars, cannon-balls and 
s ic»uld be deposited at Worcestor and Concord, m the same proportion as was done by the 
provision ; and while the congress was sitting, [Jr%6. IS, 81.] wrted ' that the committee 

Me all the powder they can, and also all kinds of warlike stores, sufficient lor an 
of fifteen thousand men to tike the field.' 
"The propriety of the precautions taken to guard against a surprise, was manifest from the 
following event." Gord. 

- [Feb. 26.] General Gage, receiving intelligence that some brass cannon were deposited in (be 
town of Salem, sent a detachment of troops under the command of a field officer (it. col. Leslie, v 
On board a transport, in order to seize upon and bring them to Roman. The troops havi g 

(1) .If-. Gordon says, " *2mong the many sons of liber: vere compc:- 

Charles Thomson was eminent for inflexible spirit; but Mr. The. 

:,ial and province. Such are his natural and acquired accomplishments, his un: 
erertions, his zeal, his address, his ;/ . . arid invigo- 1 .. 

Gerd. ' 
(1) On this description of troops, a British historian ven. quaintly liti mi, " .Is w have 
mcd> use of a term -which has hitherto been unknown in military transactions, it may refiiire 
tune explanation. £y minu fc understood a select number of 'mi'.: 

fake f add themselves upon 

-. J?y their afcrtniiftheg have si?Ki . . isappSei. 



[1775, May.] HISTORICAL NOTES, &c. 29; 



APPENDIX— Part 2nd.— { Colony traasactionsfro-n Sep. l"i, to Mag, 1775.) 

at Marblehead, proceeded to Salem, where they were disappointed as to finding the cannon ; 
bat having some reason to imagine they had only been removed that morning in consequence of 
their approach, it induced them to march further into the country in hopes of overtaking them, 
la this pursuit they arrived at a drawbridge over a small river, where a number of the country 
people (1) were assembled, and those on the opposite side had taken up the bridge to prevent 
thei- passage. The commanding officer ordered the bridge to be let down, which the people 
peremptorily refused, saying, that it wa3 a private road, and that he had no authority to demand 
a passage that way — for to the last moment the language of pe^ce was preserved, and until 
the s»ord was decisively drawn, all resistance was carried on upon some legal ground. Upon 
this refusal, the officer determined to make use of a boat, thereby to gain possession of the bridge ; 
but the country people perceiving his intention, several of them jumped into the boat with axes, 
and cut holes through her bottom, whieh occasioned some scuffle between them and the soldiers 
in and about the boat Things were now tending to extremities, as the commander seemed de- 
termined to fopee his passage, and the others as resolutely bent to prevent it In this situation, a 
neighbouring clergyman (2) who had attended the whole transaction, remonstrated with the 
lieutenant colonel, upon the fatal consequences which would inevitably attend his making use of 
force. And finding that the point of military honour, with respect to making good hU 
yas <be principal object with that gentleman, it being then too late in the evening to prosecu'e his 
original design, he prevailed upon the people to let down the bridge, which the troops took pos- 
session of; and the colonel hawng pushed a detachment a little way into the country, in exercise 
«f the right which he assumed, they immediately after returned without molestation, on board the 
transport. Thus ended this first expedition, without effect, and happily without mischief I 
appeared to show, upon what a slender thread the peace of the empire hung; and that ttu least 
exertion of the military would certainly bring things to extremities. The people, since the acts 
for casting away their charter, and for protecting the soldiery from any trial in the province, con- 
sider-d themselves as put under military government. Every motion of that body became sus- 
aod was in their eyes an exertion of the most odious and most dreadful tyranny. 

" This appearance of resistance seems, on the other side, to have greatly irritated the military, 
for from this tune they appear to have lived upon worse terms w ith the inhabitants of Boston, than 
they had hitherto done ; some general ai»d wanton insult*, as fell as particular outrages having 
been complained of. But the crisis was now fast approaching, in which all her lesser evils and 
calamities were to be lost and forgotten, in the contemplation of those of a great and serious 
nature. 

\_.ip- 19-1 "The provincials having collected a considerable quantity of military stores at the 
town ofCor.eord, where the provincial congress was also held, Gen. Gag- thought it expedient to 
detach the grenadiers and light infantry of the army, under the command of lieutenant-colonel 
Smith, and major Pitcairn of the marines, in order to destroy them It is said and believed, that 
thi3 expedition had another object in view, which was to seize on the persons of messrs. Hancock 
and Adams, those great and obnoxious leaders of the faction which opposed the new system of 
government. The detachment, which was supposed to consist of about 900 men, embarked at 
Boston on the night preceding the 19th of April, and having gone a little way up Charles river, 
landed at a place called Phipp s Farm, from whence they proceeded with great sileno and expe- 
dition towards Concord Several officers on horse hack, in the mean time scoured the roa is, and 
secured such country people as they chanced to meet with at that early time. Notwithstanding 
these precautious, they discovered, by the firing of guns and the ringing of bells, that the country 
•was alarmed, and the people actually began to assemble in the neighbouring towns and villages 
before day-light 

•'Upon their arrival at Lexington, about five in the morning, they found the company of militia 
belonging to that town, assembled on a green near the road ; upon which an offieer(3) in the van 
called out, Disperse, y«v rebels g throw down your arms and disperse : the soldiers at the same 
jiing up with loud huzzas, some scattering shots were first fired, and immediately succeed- 
ed by a general discharge, by which eight of the militia were killed and several wounded. - 

"Thus was the first blood drawn in this unhappy civil contest Great pains were taken on each 
side, to show the other to have been the aggressor upon this occasion. A matter of little conse- 
quence, in a political view, as things were now too far advanced to leave room for a probable hope 
her than such a final issue. It was sail in the Gazette, that the troops were fi> st fired 
upon' from some neighbouring houses. There is some obscurity in this busi-.-ss, for it 
from the general tenor of the evidence, as well of some of our own people who were taken pri- 
soners, as of a great number of the provincials, all whose depositions were regularly taken and 
attested by proper magistrates, that the firing both at Lexington and Concord, was commenced by 
the troops Indeed it seems evident, that a single compan* of militia, standing as it may be said, 
under the muzzles of our soldiers guns, would have been sufficient pledges to prevent any outrage 
from their friends and neighbours in the adjoining houses. 

" After this execution, the detachment proceeded to Concord, the commanding officer having 
previously despatched six companies of light infantry, to possess two bridges which !*• at some dis- 
tance beyond the town, probably with a view of preventing any of the stores from being c* 
that way; or, if he had orders about the seizure of persons, to prevent the escape of those whom, 
it was h ; s object to secure. A body of militia who occupied a hill in the way, retired at ti.e ap- 

: ut 40 tw j i W frf ram tm Bernard. (3) Jfaj. Pitcairn. 



£96 [1-75, May.] HISTORICAL NOTES, &c. 



APPENDIX— Part 2nd.— ( Colony transactions from Sep. 1774, *o May, 1775.) 

proach of tlie troops, aad passed over one of those bridges, which was immediately after taken pos=* 
session of by the light infantry. The maiu body having arrived at the towu, proceeded 10 execute 
their commission, by rendering three pieces of iron cannou unserviceable, destroying some guns 
and other carriages, and throwing several barrels of flour, gunpowder, and musket ball into the 
river. In the mean time, the militia which retired from the hill, seeing several fires in the town 
■which they apprehended to be of houses in flames, returned towards the bridge which they had laiely 
passed, and which lay in their way thither. Upon this movement, the light infantry retired on 
the Coneerd side of the river, and began to pull up the bridge; but upon the nearer approach ~>f 
the militia, (who seemed studiously to have avoided all appearance of beginning the attack, and 
made as if they only wanted to pass as common travellers,) the soldiets immediately fired, and 
killed two men! The provincials returned the fire, aud a skirmish ensued at the bridge, in which 
the former seem to have been under some disadvantage, and were forced to retreat, having 
several :uen killed and wounded, and a lieutenaut and some others taken. 

"About this time the country rose upon them. The troops were attacked on all quarters; 
skirmish succeeded upon skirmish; and a continued, though scattering and irregular fire, was 
supported through the whole of a long and very hot day. In the march back of six miles to 
Lexington the troops were exceedingly annoyed, not only by their pursuers, but by the fire from 
ho ises, walls, and other coverts, all of which w ere filled or lined with armed men. 

"It happened fortunately that General Gage, apprehensive of the danger of the service, had 
detached lord Percy early in the morning with 16 companies of foot, a detachment of marines 
and two pieces of cannon, to support colonel Smith's detachment, and that they were arrived at 
Lexington, by the time the others had returned from Concord. This circumstance was the more 
fortunate, as it is reported tiie first detachment had by that time expended all their ammunition; 
but if that even had not been the case, it scarcely seems possible that they could have escaped 
being cut off or taken, in the long subsequent retreat of fifteen miles. 

" This powerful support, especially the cannon, afforded a breathing-time to the first detachment 
at Lexington, which they already much wanted. The field pieces obliged the provincials to keep 
their distance. But as soon as the troops resumed their march, the attacks, as the country people 
became more numerous, grew in proportion more violent, and the danger was continually aug- 
menting, until they arrived about suu-set at Charleston n ; from whence they passed over to Bos- 
ton, under the protection (as the provincials say,) of the guns of the Somerset man of war; the 
troops being entirely spent aud worn down,' by the excessive fatigues they had undergone. 
They had marched that day near 35 miles. (Concord, 17 IF. Boston- Lexington, 11 A*. //".) 

" The loss was not so great on either side, as the leugth, irregularity, and variety of the engage- 
ment might seem to indicate ; which may be attributed to the provincials not being at first power- 
ful in number, and to their being afterwards kept at some distance by the field pieces. The king*3 
troops, as may be expected, were the greater sufferers, having lost in killed, wounded, aud pri- 
soners, S7S men, of which 65 were killed, -2 lieutenants, and above 90 private men taken prison- 
ers, and colonel Smith, uith another lieutenant-colonel and several officers, wounded. Bv the 
provincial account, which gives the names and places of abode of those who fell on their side, 
their loss in killed aud wounded (including those who fell by the first fire in the morning at Lex- 
ington) amounted only to about sixty, of which near two thirds were killed. 

" By the nearest calculation that can be made, there « ere from 1800 to 9000 of the best troops in 
(he service (being about half the force that was then stationed at Boston,) employed upon this ex- 
pedition. The event sufficiently showed how ill-informed those were who had so often asserted at 
home, that a regiment or two could force their way through any part of the continent, and that 
the very sight of a grenadier's cap, would be sufficient to put an American army to flight. 

■ Upon this occasion, each side charged the other with the most inhuman cruelties. Civil wars 
produce many such charges ; but we have good reason and some authority for believing, that 
these accounts, if at all true on either side, were much exaggerated. On our side it is certain, 
that an officer and some of the soldiers who were wounded and prisoners, gave publick testimonials 
of the humanity with which they were treated ; and that the provincial commanders sent an offer 
to general Gage, to admit his surgeons to come and dress the wounded. 

" Although on the other side, the regulars were charged with killing the old, the infirm, the 
unarmed and the wounded, without mercy ; with burning several houses, and plundering every- 
thing that came in their wary : we have had too constant and uniform an experience, of the honour 
of our officers and the humanity of our soldiers, not to consider this account as equally exagger- 
ated."^) Hist, of the var. 

(1) This is the British account, vhich agrees in all essential particulars vith the American, 
tvith some variance m the manner of expression. 

The following particulars are added, as taken from the American account. 

Dr. Gordon observes, that in their retreat they burnt "some houses and attempted others, and 
fthmdered many of even/ thing valuable, destrowig ? v hat they covldnot carry off; killed several 
innocent unarmed persons ,- and murdered two old men at Jlenotomy." 

The persons ki'.'.ed at Lexington in the morning, as reported by'D*-. Holmes, -.cere "Robert 
Munroe, Jonas Parker, Samuel Hadley, Jonathan Harrington, Caleb Harrington, Isaac Muzzy, 
and John Brown, of Ijexington, and Azael Porter, of Woburn," He adds, a handsome monu- 
■qient has been erected to their memory, on the green where thefrst of them fell. 

To flu's list, JDr. Gordon ttd f na-ixa, kitted and icmuded gt Concord, er en ife 



:5. May.] HISTORICAL NOTES, \ . 



APPENDIX— Part Sad.— {Colony transact*™ ; 

wial this aEair mar have been in itself, it was, in its conaeqo 
impoitaoee- It »as the com rner. cement of a long and obstinate war, and it I 
influence on that war, by increasing tbe confide ace which ibe Americans tei 
encouraging opposition by tbe bope of its bt 

bee> taken op with some degree of doubt, (lot courage and patriotism were 
any deficiency in tbe knowledge of tacucks, and that their skiii, as marksmen, | 



Although tbe previous state of things had been soch, as plainly to reader the < 
of hwnilities unavoidable, each party seemed anxious to throw tbe blame on its opponent. Tbe 
•Seers alleged that they were nred on from a stone wall, before they attacked tbe 
militia company at Lexington, while on tbe part of tbe Americans, n omer oas depositions were 
taker, all proving that, both at Lexington and the bridge near Concord, the first fire was received 
by tbem. rf (l) 

As soon as inteffige nee was spread of this bloody day, and that actual war was began by tbe Brit- 
ish, the whole country round rose in arms : thousands collected within 24 boors in tbe vicinity of 



i ; and h was with diSenlty they were restrained from rushing into the place, aad rashly 
ventnring all the c on s e qu en ces of 'such an attempt. 

Gen. Gaze, too late perceiving what aa enemy be bad roused and most encounter, immediateir 
ordered the gates to be shot, and placed guards at every avenue; fortified tbe emiroas of the 
town, and threw op entrenchments across tbe narrow isthmus vbieh connects it with the country, 
and no inhabitant was permitted to leave it 

[April 20. j Tbe day after the battle, tbe provincial congress met at Watertvsm, 7 miks west 

of Bwton, to which place they bad adjourned from Concord ; and on the same day delivered Gen. 

commission as commander m chief of tbe Massachusetts force*-, and a tew days after 




Marshal] further remarks,tkat " the statement* made by tie Americans are ren- 




. ■ : .f i ■ -. ; . . -.■!:- -_z<\ 



mch the* -aere placed, their friends 
, : . -.-.£■.:: :~ _ -'- :-_.--;: ; 1 -. -. I: :: z,r. z :-.-■ 
weight, that the Americans had uniformly sought to comer their 
e lav. and even after the afimr at Lexington, they 
i paint ef receiving the first fire, £ U probable, that the orders 



Dr. Ramsay asserts, that u t here never mere mare than 400 provincials engaged at me time, 
and often not so many. As some tired and gave out, others came up and took their places. 

'-'■--. -:---:.■-: "r " .'. : -::::,-- z _.i;zy :.-■ - ''_-:,- J::- -,.i ~-.d~hcmmnn 

-..- : t :d . .-.; ■..:. . ._. ■■:-•:,-_■.•::•:-.■..■:■:■;■ •■- -.. --.:.. 7- ■:■,:-: 

the country enabled them to gash oppm tmnitie s by crossing fields and fences, and to act 
as poking parties against the king's troops, mho kept to the main road." He further remarks 
an the consequences •/ iku action, " that the c o l on ists th e mm trre t had imbibed opinions from their 
forefathers, that no people on earth sere equal to those with whom they were about to contend. 
Imp res s ed with high ideas of British s u p erior ity , and difident of themselves their best inform- 



ofan appeal to arms. The 
banished these suggestions. 
t adramk me. than m thaw 



'-■'■: -:/---;■:.: /: :. ..::;—::.;: p-z- ....- r: -:;-■_- • . • :.- ■ -.-. :~: c 

the country to come, forward in a single disjointed manner, without order, and for the most part, 

-'.:-. •-'.::-■. :-..f -; _ ..' :"--. :".-- 
r assertions of some, and the desponding fears of others 'erperi- 



•ruomsm" some, and At 

-'.: tj/jn/m o dh j net 
Iged in cheerful 



-jford, Ueut. John Bacon, and sergeant Eisba >f.lis, of .Yeedham, £d 

WHhams, of Cambridge, captains Charles HHes, Nathaniel Barret, and Gecr- U^ •/ Css> 

c: . •■■-»- 'z\ . i. -■;:-. \k- - «. - . ■.-..;■'. . . - J ' 



-.: ■-..■■ . r_ -:"; :.':-.: : -;•. "• 

-iby Dr. Gordon. "The 

' ":". :■ r ------ ■";-.. L* ■•"-::-. 

ens*, tit name areas lUsnss.- ci 

; and at Concord, 2061. 2s. 5dL 1 -4 ; 

---:• ■-: ;-. :.:•'. zr.z ■' ; ::.:- 



198 [17,-5, May.] HISTORICAL NOTES, 9a 



APPENDIX — Part 2nd. — {Colony transactions from Sep. 177 i, to JUatf, 1775.) 

[April 23.] No longer trusting to petitions, addresses, Sec. they resolved to raise and er.list aa 
army of 30 thousand men ; 13600 from Massachusetts, and the rest to be furnished b> New- 
Hampshire, Connecticut and Rhode- Island. A letter and delegates were sent to these colonies, 
urging them to raise their quotas, to be marched forthwith to Boston. In consequence of this vote 
recruiting was begun, enlistments made for a short t:rm ; and Gen. Jf'ard was soon at the head 
of a provincial army before Boston, which " though far below what had been voted by the pro- 
vincial congress, was much superiour in numbers to the royal army," 

Bead quarters were fixed at Cambridge, 3 miles west from ihe town ; and Harvard college was 
given up for quarters. 

Immediately upon stopping all intercourse with the town, (April '22,) a convention bac beea 
agreed to between Gen. Gage and a committee of Boston, in whieh it was stipulated, tha; upon 
the inhabitants in general depositing their arms in Faneuil Hall, or other proper places, under the 
care of the selectmen, such of them as chose might depart with their efi'ects ; that those who re 
imained shogld be protected, and the arms be returned at a suitable time. On the 27th of April, 
the inhabitants having deposited their arms, (about 2400 muskets and pistols) numbers left the 
town. Much altercation afterwards ensued on this subject, between Gen. Gage and the citizens 
who applied for leave to depart ; and he was charged with gross violations of the agresmtnt, by 
refusing permission on frivolous grounds. (1) Th'j distresses brought on Boston by this state of 
things, and during the occupation of it by the British* are described in the memoirs of the day as 
extreme. 

The news of the battle of Lexington, was a signal of war in New FjOgland, (2) and soon spread 
throughout the colonies, every where producing sentiments of horror, and commotions bordering 
oa tumults: the dispute between Great Britain and the colonies now took a new direction; eve« 
the moderate became partizans, and the timid resolute. "The colonies were in such a state of ir- 
ritability, that the least shock in guy part was, by a powerful and sympathetick affection, uid in- 
stantaneously, felt throughout the whole. The Americans who fell were revered by their coun- 
trymen, as martyrs who had died in the cause of liberty. Resentment agaiust the British burned 
more strongly than ever. Martial rage took possession of the breasts of thousands. Combinations 
were formed and associations subscribed, binding the inhabitants to each other by the sacred ties 
of honour, religion, and love of couutry, to do whatever their publick bodies directed for tie pres- 
ervation of their liberties. Hitherto the Americans had no regular army. From principles of 
policy they had cautiously avoided that measure, lest they might subject themselves to the charge 
of being aggressors. All their military regulations were carried on by their militia, and under 
the old established laws of the land. For the defence of the colouies, the iohabitauts had been 
from their early years, enrolled in companies and taught the use of arms. The laws for this pur- 
pose had never been better observed, than for some months previous to the Lexington hatt'e. 
These military arrangements, which had been previously adopted for defending the colonies trom 
hostile French and Indians, were ou this occasion turned against the troops of the parent state. 

(1) Gordon and Ramsay observe, that " He was in some measure compelled to adopt this 
dishonourable measitre from the clamour of the lories, who alledged that none but enemies to 
the British government were disposed to remove, and that when they -were all safe with their 
families and effects, the iownwmddbe set on fire. To prevent the provincials from obtaining 
^supplies which they much wanted, a quibble was made on the meaning of the word " effects/* 
which was construed by the general as not including merchandize. By this construction, un- 
warranted by evertt rule of genuine interpretation, many who q:ritted the town were deprived of 
their usual resources for'a sufrport. Passports were not universally re) e given 
out very slowly, and the business was so conducted that families were divided — wives were sepa- 
rated from their husbands, children from their parents, and the aged and infirm from their rela- 
tions and friends. The general discovered a disinclination to part with the women and t 

. that, on their account, the provincials would I r restrained from making an assault on 
the town. The select men gave repeated assurances that the inhabitants had delivered up their 
arms ; bat as a cover for violating the agreement, general Gage issued a proclamation, in wliich 
:d that he had full proof to the contrary. A few might have secreted some favourite 
crms, but nearly all the training arms were de h rere d up. On this flimsy pretence the general 
sacrificed his honor to policy, and the clamors of the tones. Contrary to good faith he detained 
:nent to go out, and when he admitted the departure of 
others, he would not al'ow them to remove their families and effects." 

On this statement the British historian obserz-es, " This by fir the most dishonourable to gov- 
ernment, we are obliged in fairness to state according to the provincial narrative, no other hav- 
ing appeared to contradict or qualify it. The poor" and helpless were all sent out'" 

(2) " As arm* were to decide the controversy," says .Mr. Ramsay, "it was fortunate for the 
Americans, that the first blood was drawn in \'ew Englcjid. The inhabitants of that country 
are so connected with each other by descent, manners, religion, politicks, and a general eqv 

that the Lilling of a single indizidual interested the whole, and made tiiem consider it cs a con- 
mo:i cause. The blood of those who were killed at Lexington and Concord, pro: 
mer.tof.in extensive union' They were rezreted with the deepest concern, and hoiu.'.: 
or.'y as patriots, but as martyrs, who had died bravely in the cause of their ox" 



- .] HISTORICAL NOTES, £9- 



APPE. - . "" 

Sorts, nagazines, and arsenals, by the constitution of the country, were ia the keeping of his ma> 
jesty. Immediately after the Lexington battle, these were, for the Boost part, takes possession of 
througloot the colonies, by parties of the provincial militia."' 

" Regular forces were raised, and money was issued for their support. An vmr of twentv 

thonsaEi men appeared in the ecvirous ot Boston, and formed a fine of encampment from Kox- 

-k. This army was soon increased by a large body of troops from Coc- 

aastieui, aader coionei Putnam, an old and experienced officer ; and by these collective forces the 

lag's roops were elosely blocked ap in the peninsula of BostOu.'Yl) 

On tie arrival of the intelligence in .Vstb- for* and at Philadelphia (.ipril 23,) the custom boa- 
mat ap ; and all vessels about to sail to Quedeck, ^YewfounaTand, Georgia, and Hosts* 
detained, to preTent supplies from being conveyed to the British forces: ia order after - 
jetton; tranquility at AVw-Fori-, it was found necessary to appoint a general committee oi 100 
persons, for the eky and county ; w bo on the 5th of May addressed a letter to the lord Maj or, 
Alderaen and common Council of the ehy of London, signed by 77 of them, in which they de- 
clare mat ■ 'The disposal of their own property, with perfect spontaneity, aad hi a ma.aer 
: nested of every appearance of constraint, is their iadefeasibte birth-right This exalted 
blessing rliey are absolutely determined to defend with their blood, and to transfer u&eontaii.ina- 
ted to their posterity.' They proteased their readiness to submit cfaeertoBy, to a regulation of 
commerce by the legislature of the parent state, excluding in its nature every idea of taxation; 
•at refsobsted the minister's conciliatory plan. They gave assurance, ' That America is grows 
oppression, that the least shock in any part u, by the most powerful and sy mpa- 
felt through the whole continent— that wade the whole roatjneat 
wishing for peace,' upon such terms as can be acceded to by Eogishmeu, 'they ate 
• in preparing for the last appeal.' Near the dose rhey said, « We speak the real sea- 
confederated colonies on the continent, from Nova-Scotia to Georgia, when we 
it all the horrors of a civil war wil never compel America to sahsaat to taxation by aow 
'partialis at.' They conciu-ied with expressing their confidence of the most vt gmo a a 
exertions of the city of Looiion, to restore nnioa aad mutual peace to the whole empire. 

On the next day {Mam 6,) an association was signed by upward of a thousand of the princl- 
;of the city and county. They in the most solemn manner declared, that they as- 
sociated to endeavour carrying into execution, whatever measure might be recommended by' the 

: -i tal congress, or be resolved upon by their own provincial convention, 
of preserving their constitution, and opposing the execution of the oppressive 
parliament, until a reconciliation between Great Britain and America, ox 
can be obtained ; and that they would in all things follow the advice of met 
respecting the purposes aforesaid, the preservation of peace and good order, and the safety of iS 
dividual and private property." 

Yet though the people of the city and province of .Yew-Turk, after the battle of Lexington, ap- 
:>esitate no longer, and the general spirit of the colonies obtained there also the ascen- 
e royal party remained very formidable, "and it was deeaaed advisable to march a 
'. nneetieat troops into the neighbourhood, with the osUhwdIu purpose of protecting the 
town against some British regiments daily expected from Ireland, but with the real design of en- 
couraging and strengthening their frier. 

" The citizens of Philadelphia beside stopping the vessels as before related, were spirited op to 
attempt perfecting their preparations for the most serious and pamful ec 

" The governor of the province laid before the assembly the minister's conciliatory plan: and 
observed to them that they were the firtt assembly on the continent to whom it h»rf been eota- 
munieated. After considering *,Lbey said, " If no other objection to the plan proposed occurred 
dioold esteem it a desertion of sister colonies, connected by an anion founded on just 
and mutual faith, and conducted by general councils, for a single colony to adopt a mea- 
sure sa extensive in consequences, without the advice aad roascat of those colonies engaged «ita 
as by solemn ties, in the same common cause. 

" In .Yew-JerKv the people, on receiving the Lexington news, took possession of the province 
treasury, in which there was about 1*20,000, for payment of the troops raising for the desenslBff 
the liberties of America. 

'• The account of the action arrived at Baltimore, in .WiryUnd, in six days ; the inhabitants im- 
mediately seized upon the provincial magazine containing 1300 stand of arms, kc Thev also 
stopped all exports to the fishing islands, aad those colonies which bad refused to unite with theix 
breth-en in the common cause ; and all supplies to the navy and army at Boston. (3) 

When the account reached South Carohna, of actual hostifiues, on that very^gat a aombeV 
wfthe principal gentlemen - at the town, possessed themselves of 1200 stand ofjna, «.J> the 





(I) Andto continued until it* evacuation by general Howe, Mar. ITt.h 177fls^H 
ie oonerved however, that preriowi : yion, the people had emmm 

tian who met at .Yew-York the 2id of April. :\om, apprnea 

of tketxt cvngreiz, and appointed delegate* 
memorable proceeding-si the^e on the 2G*A a/ p. 27 

fiMmsed. " 



300 [17-5, May.] HISTORICAL XOTES. kc 



APPENDIX— Part 2nd— (Colony transactions from Sep. 1774, to Mot, IT'S.) 

accout: ; ed them direetly from the royal arsenal, and afterward distributed thejp 

the men enlisted in the publick service." (I) 

And every where as the news arrived, each place became the theatre of inflamed passions, and 
arde .1 effjris to be ready for engaging in the great, and apparently unequal struggle, with til 
armies, and mighty power of England.(2) 

.Massachusetts being the immediate scene of warlike operations, proceeded in the mo* ener- 
getics manner, as has been seen, in repelling military aggressions, and devising the future means 
of driving the enemy, from their long distracted and insulted shores. 

The formation of a large and durable force before Boston, aad the means of sopporth ; 
the object to which the provincial congress directed their greatest efforts :— It was not yet I 
■what support could be expected from the approaching eongress, and the colonies to the sout 
and the troops which had hastily flocked to Boston, on the first summons would soon dissppe 
from the want of means of sustenance, pay, and other causes. (3) 

[_.ip- 88. J In order to animate the people to resistance, and promote enlistments in thi amir 
■which had been voted on the 23d, the congress, (of which D 

Mr Hancock being appointed a delegate to the general congress,) addressed a circular ie.ter to 
the several towns in .Massachusetts, wherein after reciting the catastrophe of Lexingten^ it was 
said " we conjure you, by all that is dear, by all that is sacred, that you give all assistance fossilfle 
in forming the army. Our all is at stake. Death and devastation arc 

delay. Every moment is infinitely precious. An hour lost may deluge your country in bloo 
and entail perpetual slavery upon the few of your posterity, who may survive the carnage, . W~ 
hegaud entreat, as you will answer it to your country, to your consciences, and above all 
will answer it to God himself, that you will hastea and eneourage, by all possible means, the enlist 
ment of men to form the army ; and send them forward to head-quarters at Cambridge, wth that 
expedition which tne vast importance and instant urgency of the affair demand.' This address was 
attended to; the men discovered a readiness to turn out for the salvation of their coonr 
the women applied themselves with cheerfulness to the fitting out of theuuhr.sbands, fathers 
and brothers, l ->r the important expedition, while the dangers of it were overlooked c 
garded.'' 

They also soon after the action, [,lp. 26. j despatched an aeeount of it to Great Britak. 



here be mentioned that North Carolina, in a convention held Newbern, 

when governor Marcm - met The geieral assembly of 

■ --- ] he" made a speech to them in a high governmental 
: thai they rrovld appose so dangero:.: 

i a congress ■ i He also told 

Jon to oppose a meeting of delegates \?hich ihepeo- 
-..ted to choose, arid ivho -zoere appointed to assemb? I ,we and place, 

i ilature. The assembly, in their answer, justified the 

a prevent the operations of the conve ' 
. •er.'i.' Then also took the opportunity, the first thai had been given the 

~colonies~in general, and the: ■ J assion for the 

f Boston ; and to declare the fixed ret ta unite 

?ry effort to retain their just rights and Hie': 

:ly came to the following re: .: the house da 

proceedings of 'the continental congress latel: . phia, and that 

: :nemhers of the community in gene~ 

iduce the same observance in every 

house having received information, that William Hooper, Joseph Hewes, and Richard 

cidthe 
.-ess, soon to be held at Philadelphia 
house approve of the choice m..de by, tlie said convention^ 
• ''.e author oj North's Administration, speaking of this crisu 
■Rnr spread over : :en ex- 

pected to -withstand the general contagion, at leas: 
arms against Great Britain ,- namely, the Quakers from principle; -jUiary 

of the British isles, but icho ;... 
tat: var in cc fe l>e the fact. . i cumger 

tj/maiv ■ 'unteer companies, and jjfcengt 

..bordination -u ibibed saUk i k 

dm*, and rendered l lie most e: Fa their 

. memmre 
an oh-. - continuance, " grea: -f J heme, sonn 

. and others to procure necessaries f:r : meaU- 

D ing the interval bet-. 

fl : .\'ech. wot 

rzzxt ex ,.ndLse-sAi hundred men, under colonel L-: 

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